Legal Question in Family Law in New York
Do i have a good chance reguarding this matter??
my husband and i are in the process of starting the paperwk for a divorce..wanted2know how good my chances are filing for full custody of our daughter he has been in and out of prison a recovering drug addict who's also Bi-polar currently residing in a Sex offender shelter he was charged with rape in the 1st of a minor female back in 95' which i recently found out he is unemployed cant hold a job and his family is a three ring circus show. Where as me i reside in a two-family home in a middle class neighboor hood that is owned by my grandmother I live here with my 5 children (4 are from a prior relationship)and as for financial we all recieve SSI, my husband says that he will use the fact i had child welfare in my home against me which the only reason i had them here was because of my husbands old case but everything was to be ''unfounded'' because all my kids are well-taken care of and that was verified by the school as well as doctors office.I do for all my kids and i dont want a messy divorce issue here i just want sole custody of our daughter and severe ties with my soon to be ex i dont want anything from him but our daughter i dont want him having visitation or anything.
1 Answer from Attorneys
Re: Do i have a good chance reguarding this matter??
Whether you have a good chance depends largely upon whether he wants to fight your having sole custody.
However, it's important for you to understand just what "sole custody" means. It doesn't mean termination of his parental rights or visitation. It doesn't mean anything with regard to responsibility to pay the costs associated with raising a child.
Typically what's at issue are two things:
a) where the child resides, and
b) who makes decisions as to the child - where the child goes to school, what doctors, etc.
These are often not issues that are easily resolved. But how your case will go depends upon what you and your husband decide in the course of the matrimonial litigation.
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