Legal Question in Family Law in New York
Child custody
I recently found out that my husband met a girl and went out on a date with her. He did not tell her that he was married. After that I started looking on his computer and found chat logs to his friends about the girl and that everytime he goes out with them he meets other girls and he comes home at 6 am. The last time he did that I told him that I was leaving him. He told me he did not care but that our 15 month old son will not go with me.
What rights do I have as a mother if i can prove that he is or was about to cheat on me, and can he keep my son?
Thank you
2 Answers from Attorneys
Re: Child custody
If your question is whether you have grounds for divorce, the answer is "YES."
Custody of the children is not based on which party is at fault in the marital relationship.
The standard for custody is what is in the best interests of the child. Custody is usually awarded to the primary caretaker; at times custody is awarded to the more caring, loving, and nurturing parent, even if that parent has not been the primary caretaker.
If you wish to discuss this with me privately, please call to schedule a confidential consultation.
I practice in NYC and Long Island.
Re: Child custody
You both have equal rights to the child. If you are going to file for divorce, you'll need to work out some arrangement for visitation and custody while the divorce is pending. The only way to exclude him from the child's life is to show that he is unfit as a parent. You may be able to get physical custody of the child, but it sounds like he'll fight you for it, so it may be up to the court to decide. Feel free to contact me if you'd like to discuss this further. I offer an intial consultation for free.
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