Legal Question in Family Law in New York

Divorce and kid

We have been married since 2001, we have been living apart from each other until oct 2006. WE had our first kid on mch 2007. Wife now tells me she doesn't like my family and she has problems every time i mention them. Now she wants a divorce. I love my kid and would like to have custody of him. Wife's family moved to FL feb 2007. most likely she would want to go there. Do I have any rights? what can I do. I still love her a lot but we have problems because she does not like to my family visiting us. So we fight due to this.


Asked on 4/02/07, 2:06 pm

2 Answers from Attorneys
florence hessen florence f. hessen,esq

Re: Divorce and kid

Hi:

I am quite sorry for your situation. Yes you have rights as well as responsibilities for your child just as your wife. I recommend that you speak with an attorney to discuss this matter in further detail.

The facts that you have presented give rise to equitable distribution, divorce, child custody issues etc. ,together with a spouse that may be talking about leaving the jurisdiction with your child

I will be glad to consult on this matter at no charge to hopefully point you in the proper direction.

Good Luck

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Answered on 4/02/07, 3:00 pm
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: Divorce and kid

Yes you have rights as far as your child is concerned. If and when you decide to divorce you will petition for custody, and you may be granted joint custody with physical custody to you or joint custody with physical custody to her. This will prevent her from moving to Florida unless she can meet the standard the court imposes when relocation is requested. As far as any other issues in the divorce that will depend on whether there is any property.

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Answered on 4/02/07, 4:02 pm


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