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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9177
Experience:  since 1983
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My daughter is single and living with her 2 yr old child and

Customer Question

My daughter is single and living with her 2 yr old child and the father on our property, in a home we built. The father has threatened my daughter with regard to custody...he is an alcoholic,wwho has no desire to behave as a family, with important family. Functions...christmas eve, christmas, first birthday, etc. my daughter works, has savings in her childs name, and has full extended family support. We need a local person to talk to with regard to proceeding. Hes threatened her, emotionally, and has provided relatively little interest to avting as a family. We need someone strong, who wont break the bank. Can you advise, please?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello Lisa

This is Samuel and I will discuss this and provide you information in this regard.

Can you tell me does your daughter want a divorce? Has she filed or seeking a local attorney to do that for her?

Now on the custody, the court is going to rule in the best interest of the child. And so it will be up to your daughter to show that in the child's best interest the court should grant her Sole LEGAL and PHYSICAL Custody. Keep in mind the courts like to keep children in a bonding and relationship with both parents when it can. So it is possible that unless the Father can be shown to be unfit, inept in ways that are negligent and/or abusive a judge is going to at the very minimum grant visitations and it is possible a Shared 50/50 custody could be granted.

The key to the shared custody is for the Mother to make sure she gets Sole Legal custody with the shared physical custody. I suggest she would want the sole legal custody so that she is the only parent who will make life altering decisions for the child and also any non emergency medical decisions.

So all of that is very important to discuss when interviewing a local attorney to help.

Also keep in mind, that she can file for the divorce, request temporary use and possession of the marital residence and ask the court to give her, even if on a temporary basis until the matter can be fully resolved - full legal and physical custody of the children.

Expert:  Samuel II replied 1 year ago.

As to the car, if it was a gift to her and she uses it, he has no support for a claim. He's blowing hot air in an effort to intimidate her.

Expert:  Samuel II replied 1 year ago.

NY law is marital property is distributed on an "Equitable" scale. That means, a court will take everything into consideration as to how much each spouse has contributed to the marriage and the acquired property during the marriage.

Expert:  Samuel II replied 1 year ago.

If her husband has used the car as his only mode of transportation, a court may allow him to drive it. But she is under no obligation to continue his use unless a court orders her to.

Expert:  Samuel II replied 1 year ago.

Now, we are precluded from giving a one on one referral. And so I suggest you consider contacting the NY Bar Association for a legal referral service. 1(###) ###-#### They cover Allegany, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Montgomery, Niagara, Oneida, Ontario, Orleans, Oswego, Otsego, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, and Yates.

Expert:  Samuel II replied 1 year ago.

If you are in another area, please let me know. And I will provide you a different contact number.

Expert:  Samuel II replied 1 year ago.

There are many things your daughter will want to know as to her rights in a divorce, and how they will pertain to the child custody. It also is possible she may be entitled to some spousal maintenance, even if temporary.

Expert:  Samuel II replied 1 year ago.

You might get a notification for a phone call to further discuss this. Please note that I do NOT participate in those phone calls. They are offered by this site. However, we can continue here if you have more specific questions about custody or other issues or if you need more information or clarification on the information already provided.

Please let me know here.

Thank you.

Expert:  Samuel II replied 1 year ago.

I am going to sign off for the night and will be back first thing in the morning. So there is no rush. Please take your time, gather your thoughts and then post your follow ups here, please. I will respond first thing Thursday morning. I appreciate your patience.

Customer: replied 1 year ago.
I am not satisfied. I wrote in my address, as well as the fact that my daughter is not married. For $53 i got the answer that this lawyer does NOT work in my area, and got answers for a MARRIED person. Will never burn money like this again. 100% guarantee? Good, then, dont charge me...also received the call while teaching, when i wrote to call AFTER 3,
Lisa J Lang
Expert:  Samuel II replied 1 year ago.

This is Samuel. I am going to opt out. Please do not respond here at this time. Perhaps another attorney can better assist you. And they will if they can. Your deposit will remain on your account. However, please use THIS LINK and you can chat with a moderator about your dissatisfaction and have this closed if that is what you want.

Thank you and good luck.

Expert:  N Cal Attorney replied 1 year ago.

New Expert here.

She can get a free consultation from some of the local attorneys listed here.

Only a local attorney can provide legal advice.

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