Custody Case in NY, but I'm in GA

[MomNneed]

I was served custody papers on Tuesday July 8th. My ex-husband lives in New York (Suffolk County) and I live in GA (Atlanta). The court date on the papers say I have to show up in court on July 18th. Can they set a date like that? Why wasn't I giving more time? It just seems so unfair. Our divorce was final in January of this year, but we have been seperated since 2000. Our daughter has been living with me. When we did the divorce papers we didn't file anything about custody, cause we said we would handle it at a later date.

My ex tells alot of lies in his statement on the papers. I have moved with my daughter several times, and she has been to a total of three schools this year. Can they give him custody based on that? I have never put her in any danger and we have never been homeless. My daughter teacher is writing me a letter for me to take to court with me. Should I have her get the letter notarized?

In his statement on the papers it states he will be living with his parents and his mom will help him raise our daughter. I live with my fiance and we just had a baby who is 1 month old. Will they give him custody cause he lives in a house and makes more money then me? I'm a SAHM and my fiance works.

He also states I refuse to let him see our daughter which is not true. I have let them see her many times but everytime I let her visit I always have problems getting her back. He wanted her this summer and I told him he could if he got the custody papers together and he said he would. Then he changed his mind and said he shouldn't have to file papers to see her. I was only asking for joint custody. Will they give him custody cause I didn't let her go visit this summer?

I need all the advise you can give cause I can not afford a lawyer right now and have a lawyer go to NY by next Friday. I don't have time or the money to find a lawyer in NY.
Sorry this is long, but I really need help.


MomNneed

 

[tkidder]

Dear MomNNeed,

I know what you are going through. I am in a similar sitution. You do have an advantage though. Your daughter has been living with you and the judge will look at that as the stability in her life. Stability seems to be a big thing in NY. My husband and I moved to Raleigh and left my son with his dad. He was getting ready to start school and we didn't know if we would have jobs, where we would live or anything about the schools in the area. The agreement was that my son would come down the following summer and stay with us. During the next summer his dad changed his mind and took him from the school we had him enrolled in and went back to NY without us knowing what was going on. He filed for custody and the judge granted it to him because that was what had been the norm. His dad was not working and was on Social Services. My husband and I were both working full time and had a son of our own.

This was 3 years ago. Finally this year after his fther was turned in many times for leaving my son (8 yrs old) home alone for extended periods of time CPS has stepped in and is helping me try to get custody. I have a court appointed lawyer and she has told me that things look good now, but if my ex cleans up his act the judge could still give him custody because that has been the stability.

My suggestion is to contact the Family Court Clerk and have them send you a financial affadavit to see if you qualify for a public defender. The one I have is great but she is in Otsego county.

Please feel free to email me tkidder71@yahoo.com if you have any questions about this.

I wish you the best of luck and hope everything turns out in your favor.

Tracy

 

[drewbmore]

child custody

Hey, I don't believe I saw an age on your daughter, that matters alot. Also, it would seem to me that the custody should be handled in the same county as your divorce, you didn't state if you live in ny prior to ga. They cannot grant him custody on behalf of him living in a nicer house or making more money. If you have a problem having him return her you may request supervised visits cause you never know, he may try and go to canada or something. If your daughter is old enough she can voice her own opinion. Good luck and feel free to ask anything else.

 

[MomNneed]

My daughter is 6. I've never lived in NY, I moved to GA from PA.

I'm upset they only gave me 10 days to get everything together. I was served on 7/8 and the court date is for 7/18. If I can't afford a lawyer, will the court appoint me one?


MomNneed

 

[drewbmore]

The crazy thing is, no, they won't appoint a pro-bono lawyer in regards to custody situations. In Texas we have what is called legal aid, I am not sure if it's nationwide but it's a really good thing to look in to. It's basically like legal welfare but you still get the best of service.