Legal Question in Family Law in New York
Child Custody
I would like to divorce my wife, we have one son 12 and been married for 15 years. She has three DWI's in the last 6 years and one suicide attempt 1 year ago. She has no drivers licenes and may not get it back for another 4 years or more. She has not used alcohol in 1 year though. I know if I divorce her she will most likely be very unstable again and be a risk to herself and my son if left alone. I care for her a lot and It scares me what she will do to herself, but I can not stay married to her anymore. What are my chances to get custody of my son.
1 Answer from Attorneys
Re: Child Custody
Your chance of getting custody of your 12 year old son, primarily depends upon whether the Court, after investigation, is convinced that it would be in your son's "best interest" to have his custody placed with you rather than with his mother. It would help for your son to WANT to live with you, to maintain the close (father/son) bond, that exists between the two of you. It also depends upon YOUR fitness to care for him.
Despite your claim of your wife's "potential instability," if your wife has been your child's primary caretaker, (as a "stay at home mom," while you worked); and your son tells the court that he is somewhat distant from you and wants to remain with his mother, the Court is unlikely to disrupt your son's existing living arrangement, by removing him from his mother's care and custody.
Good luck,
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