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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33405
Experience:  Began practicing Family Law in 1992
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Hello. I have recently discovered that my sons father is

Customer Question

Hello.
I have recently discovered that my son's father is an opiate addict and i would, very much, like to get full custody of our son. We (the father and I)have never married and do not live together. He does not pay support on any regular basis(some groceries, $100 cash here or there)never more than 500 a month total and we live in NYC.
I have allowed the father to visit his son at my apartment each morning while I get my 6yr old daughter(different dad) to school and run errands. I no longer feel I am able to leave my son in his care. I have observed him closely and I am 99% certain he is abusing opiates. He flat out refuses to give me any sort of urine - he claims "On principal."
Bologna.
So, we are at a stand off. He has not seen his son in almost a week now. My children and I are getting on with our lives. I cannot cure this man, he must help himself.
How do I protect my son? How do i get full custody? OR at a MINIMUM, court ordered random drug tests for the father?
Help.
and
Thank You.
Submitted: 6 years ago.
Category: Family Law
Expert:  JD 1992 replied 6 years ago.
Has there been a court finding of paternity and child support or visitation set by the court?
Customer: replied 6 years ago.

There has been a paternity hearing. He is legally the father.

I did not do any sort of custody paperwork or request or anything. I only went to court for paternity.

Also, just some more background-

The father does not have a suitable home to bring a child to and he does not argue that.

My son has lived in my home since he was born (14mos).

The father has never paid one cent for rent, health insurance, or any sort of bills.

Thank you.

Expert:  JD 1992 replied 6 years ago.
You are going to have to file a Suit Affecting the Parent Child Relationship and request child support, and that the court set a specific visitations schedule. You can hire a lawyer or try it yourself, but requesting a drug testing is a little tricky. The form you will want to use to do it yourself is at http://www.nycourts.gov/forms/familycourt/pdfs/gf-17.pdf

The thing about the drug testing is that if you ask for him to be tested and he passes then the judge isn't likely to order them after that unless something changes, like an arrest, etc.

You would be much more likely to get the drug testing of you hire a lawyer. If not, and you put that in the paperwork, then he can stay off the drugs once he is served and pass a test. The lawyer will know how to word the petition where it is vague enough to allow him to then make an oral motion with the judge at the hearing itself, and have your ex tested in a surprise fashion.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 6 years ago.
What about just getting the full custody? How do I just file that? The drug testing is really secondary. I don't need testing if I have full custody.
Expert:  JD 1992 replied 6 years ago.
That is just another thing you put in the document that you file. You ask for full custody and the father to have visitation privileges only. If you look at the form I gave you a link to custody is one of the boxes that you check.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.