What does it take to get full custody with visitation for the father?

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What does it take to get full custody with visitation for the father?

He is a over the road trucker and isnt home too often. And when he is hone he sleeps and does not wake up to the baby crying. Im just concerned for my 3 month old.

Asked on January 14, 2013 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I can understand how you might be nervous about the situation.  Some more information is really needed here.  First, are you married and getting a divorce?  Or if not, is there a custody agreement or order already in place?  Custody really means two things: legal custody and physical custody.  Physical custody means where the child lives. Physical custody is sometimes known as residential custody. Legal custody means which parent has the legal authority to make decisions involving the child: religious, schooling, etc. Often parents are given joint legal custody with residential custody given to one of the parents and visitation given to the other parent.  Courts favor joint legal custody but decisions are made "in the best interest of the child."  So if you have an issue about his not being responsive to the bay then you can ask a court to prohibit overnight visitation, etc.  But you should speak with an attorney in your area.  Good luck.


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