Q: I'm not planning on getting seperated from my husband anytime soon. So I wanted to know if I the mother could get full custody of my daughter. My husband is not a bad guy I'm just afraid if we go down the wrong road he will take her from me and he is the type of guy that doesn't know how to take care of a baby I do everything.
A: David's Answer: I agree with Ms Fiss - one cannot generally file for custody while still residing with the other parent. The exception is if you are imminently separating. If you are not, then you can raise the custody issue within the context of a divorce filing, but otherwise would be precluded from proceeding on a custody filing in Family Court. Schedule a consultation with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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