Wednesday, May 22, 2013

What to expect in family court at a initial conference on a Petition for UCCJEA custody? Chances of custody &supervised visits?

Q: Divorce is being handled in another state, but NY has jurisdiction over our minor child being that we've resided here for over a year. The divorce in the other state would be handling the financials of our divorce and NY is handling the parenting plan. If my estranged spouse lives over 2000 miles away, has a history of domestic violence, multiple restraining orders and protection orders, and has not seen or had any contact with our minor child in over a year is sole custody for me pretty much guaranteed? Also, are my chances of him having supervised visitation till he gets help good?

A: David's Answer: The initial conference date will be little more than confirmation of service of the petition, whether each side is represented by an attorney (or wants to be), and the possibility of assigning an Attorney for the Child. From your facts, it would appear the odds are greatly in your favor to win custody, but there are many more factors which would need to be assessed. -- David Bliven, Bronx Child Custody lawyer (

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