Legal Question in Family Law in New York
how are my chances of getting custody
my son and I live with his father, and his father's family. I want to move out because his father and I are no longer together, and the situation is hurting me emotionally. I don't feel that my son should see what is going on in the house, and be subjected to any of it.
I don't have a job right now, but I want to know what my chances are of getting custody, so that I will be able to move out with my son.
2 Answers from Attorneys
Re: how are my chances of getting custody
As you're probably aware, the court awards custody on the basis of the child's best interests. I cannot assess your case without more specific information about you, the child and his father. However, I will note that if you are unemployed and not capable of supporting yourself, taking your son out of the home may present a problem.
Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.
Re: how are my chances of getting custody
This is a difficult situation. I believe that you are right - this is an unhealthy model of husband/wife behavior for your child.
Regarding the legal part of your question, the mother is always in a very strong position with regards to custody. The court will look to the best interrest of the child in determining who shall have custody. This test emphasizes avoiding dislocation imposed on the child. It looks to the primary caregiver.
Have you considered joint custody? That can minimize the tug and pull on the child that can be so destructive.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
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