Legal Question in Family Law in New York
I am gay, my husband is trying to get the kids, does he have a chance?
My husband and I have been married for seven years. We have two children. I told him I was gay in June and he moved out. i heard in the state of New York that is considered abandonment. we both want a divorce, but i am afraid he is going to try to take my kids away from me by saying I am an unfit mother cause I have another woman living with me. The children love her, she has been around for a few months now, and she just moved in about two weeks ago. he has not let go of me, says he is still in love with me, and I fear he is trying to use custody of the kids to get me back. I have no idea what the laws in new York are. Please help me. Is there anyway he can win custody of my children?
1 Answer from Attorneys
Re: I am gay, my husband is trying to get the kids, does he have a chance?
Custody is based upon the best interests of the kids. Absent a showing of you unfitness you should be fine, particularly since, he left you in custody of the children.
I suggest you speak with an attorney to obtain a temporary order of custody and for child support.
Good luck.
Daniel Clement, Esq.
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