My question involves a child custody case from the State of: New York
My ex and I got into a fight almost two months ago and I called the cops. He pinned me to the floor, threw things at me, and threatened my life. He ended up 3 DV charges along with Endangering the Welfare of a child, which he plead guilty to in exchange for the DV charges going away... There is currently a temporary order of protection stay away, no contact, etc protecting myself and our daughter. He did 40 days in jail and now we are in a custody battle, I wanted full and he wants joint. I am debating letting him have joint (temporary anyway until he can prove himself) since I will obviously be custodial. I would feel pretty safe trying it with the RO in place, but it kind of complicated things.
One- the judge says he doesn't usually issue joint when there is an RO in place. Are there actually any laws against it or is he just assuming that's in my daughters best interest because ex and I might fight trying to make it work?
Two- The RO does allow contact and us near each other where a visitation/custody order allows it. Does it have to be specifically stated in the order if I want to be allowed to be present during visitation? Or if it says something like "whatever is agreed upon" for visitation will we be allowed near each other without breaking RO?
My daughter is 10mos but still mostly nurses (especially when she's upset) and refuses to take a bottle. She also cries if she is away from me too long so I would really like to be around in case she needs me. I understand it might not be in MY best interest and I don't exactly want to be around my ex but I do think it's in my daughter's best interest, especially since after two months she probably won't remember him. I was wondering if there's any chance I will be allowed to be present if there is someone else there to supervise; my mom, his sister, maybe both. Or maybe if we have visits in a public place?
My ex and I got into a fight almost two months ago and I called the cops. He pinned me to the floor, threw things at me, and threatened my life. He ended up 3 DV charges along with Endangering the Welfare of a child, which he plead guilty to in exchange for the DV charges going away... There is currently a temporary order of protection stay away, no contact, etc protecting myself and our daughter. He did 40 days in jail and now we are in a custody battle, I wanted full and he wants joint. I am debating letting him have joint (temporary anyway until he can prove himself) since I will obviously be custodial. I would feel pretty safe trying it with the RO in place, but it kind of complicated things.
One- the judge says he doesn't usually issue joint when there is an RO in place. Are there actually any laws against it or is he just assuming that's in my daughters best interest because ex and I might fight trying to make it work?
Two- The RO does allow contact and us near each other where a visitation/custody order allows it. Does it have to be specifically stated in the order if I want to be allowed to be present during visitation? Or if it says something like "whatever is agreed upon" for visitation will we be allowed near each other without breaking RO?
My daughter is 10mos but still mostly nurses (especially when she's upset) and refuses to take a bottle. She also cries if she is away from me too long so I would really like to be around in case she needs me. I understand it might not be in MY best interest and I don't exactly want to be around my ex but I do think it's in my daughter's best interest, especially since after two months she probably won't remember him. I was wondering if there's any chance I will be allowed to be present if there is someone else there to supervise; my mom, his sister, maybe both. Or maybe if we have visits in a public place?
Custody and Visitation Issues: Custody/Visitation Schedule After Domestic Violence
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