[RuebenV]

I meet this woman and a year later we had a baby in 4/11/05. While she was pregnant I later found out that she had another baby, a boy who she was fighting for due to drugs. Soon after the father was granted full custody. We lived together for a while she didn't work or anything. And a couple months ago she got on section 8 and won't let me see her anymore. I want to file for joint but I don't want her around that drug related environment. What should I do!! Do you think they will give me some type of custody...

[ronnie177]

Both parents have the right to have custody of their children.. If you want to get joint custody you have to go to court and request joint custody of the child. You will then have to serve her with papers to show cause (You can't serve her the papers yourself, someone has to do it besides you) . Both will have to go to face a judge and the judge will decide.. The only way you can get full custody is if you prove she is a total unfit mother... which if she is doing drugs shouldn't be so hard to do. I know in NYC when I filed for full custody of my children the court sent an ACS officer to investigate if all my children papers were up to date and if they had all their vaccines, if they went to school every day.. etc.. You have the right to see your child regardless on how the mother feels about it. Just go to family court and file for custody and visitations.

[ScottGem]

If you can prove her drug issues and since there is a previous situation where a child was taken away, you stand a good chance of getting custody. I strongly advise contacting a Family attorney to help prepare your case.