Legal Question in Family Law in New York

custody of children

I am considering leaving my husband, but need to have some idea of the likelihood that he could keep the kids. He had a difficult time in a previous custody battle and his ex-girlfriend has custody of his son, which he is unhappy about. I am sure he would fight for custody to avoid having to pay child support for our 2 kids. We both have good jobs, no arrests, good reputations, etc. My boys are ages 4 and 6. Neither of us had cheated on the other, as far as I know, so there is not another person involved. I do not care so much if I get the house, but need to know what would happen if he moved out and I could not pay the bills by myself. I do want full custody, or at least joint custody where I am the custodial parent. I do not need alimony, but feel he should provide child support. Thanks for you help


Asked on 12/17/97, 11:14 am

2 Answers from Attorneys

John Hayes The Law Office of John M. Hayes

Custody, et. al.

Dear GentlePerson ->

I am most empathetic when I read your inquiry and I rush to try to assure you that I am _not_ trying to be snide or sarcastic when I note this about that:

What you are asking for - by way of analysis/preview/prediction is Nothing Less than the Full Product that results from what is often HOURS of consultations / conferences / negotiations -*coupled with*- the best-applied skills/expertise of an attorney with whom you have established a "client/attorney relationship".

No doubt it may appear, superficially, that this "BBS service" solicits inquiries such as yours, I just cannot help myself from pointing out that inquiries such as yours simply CANNOT be answered _via_ this mode.

Having said that, I reiterate my empathy, because the questions you pose are, no doubt, weighing heavilly on your mind & spirit -- and it is probably clear to you that the answers are not going to be coming to you by way of a revelation in a dream; let me hasten to add that there will be NO 'right' answers coming from your hairdresser, your friend who recently went through it, your cousin who has an in-law who's a lawyer, or any other *dissociated* source. You truly need to retain {at least consult, face-to-face with} an attorney. The sooner you do that, the closer you will be to what will have to pass for 'peace of mind' until the real thing comes along.

Regards, etc.,

jmhze

-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-

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Answered on 12/17/97, 7:23 pm
Bunji Fromartz Fromartz Law Offices

Keeping the kids

You raise a lot of questions, however what you really need is a consultation with an attorney.

Your questions are too specific and the facts which have to be determined to give you an opinion on your questions are too personal for the web.

A couple of generalities though: The custodial parent gets the house, The custodial parent usually recieves child support, and the custodial parent gets to use the marital home (unless it is too expensive to support) until the children reach 18 or 21, depending on agreements/court decisions.Also you usually cannot have joint custody and receive support payments as each party is then responsible for the children half the time.

This transmission is not legal advice, nor does it imply an attorney client relationship. It is always my opinion that consultation with an attorney after setting out all the facts is the only proper way to receive legal advice.

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Answered on 1/05/98, 6:29 pm


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