Legal Question in Family Law in New York

Can I get child custody and child support without divorce?

I live in New York. My husband and I am living a part. Without taking Legal separation or divorce can i get child custody & child support from him?

I am the one who has been taking care of my baby all by myself since he is born, even I am some sickness. I can take care of him. I have ssi benefit and my mom and brother gives me financial support too.

My husband was illegal in this country and I sponsored him to become legal here. He never took care of me or never done any responsibilities towards me as a husband in any way, not mentally, or financially.He always abused me. He got his green card now.

He don't care about me or my baby.

I am going through financial hardship. That's why I was thinking can i get child support from him? I want to take child custody to me.

My son is the only precious thing I have in my life.

I don't want to divorce my husband for religious reason. May be separation. But not divorce. Can anyone give me advice please? I live in New York. Where I have to go and what to do let me know.


Asked on 10/04/09, 1:42 am

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Yes. You may file a petition with the Family Court for Child and Spousal support and custody. Each Family Court has an intake room that will help you prepare the petition.

Mike.

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Answered on 10/09/09, 7:47 am
Antoinette Wooten The Wooten Legal Consulting, PC

You can petition the court for custody and support.

Are you and your spouse still living together?

Patricia Martin-Gibbons

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Answered on 10/09/09, 9:52 am
Jacqueline Harounian Wisselman Harounian & Associates PC

Go to the Family Court in the County where you reside. They will help you fill out the paper work. You can file for spousal support, child support, medical insurance coverage and custody. If he is abusive to you, you can request an order of protection. Depending on your income, you may be assigned a free attorney.

Jackie Harounian

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Answered on 10/09/09, 11:26 am


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