Legal Question in Family Law in New York
medical issues
i am in the middle of what they are calling a ''spirited'' divorce proceeding in which there is a custody battle amongst other things including the house. since she filed for divorce my wife has began to experience serious medical problems and has undergone multiple tests and MRI's, everything is pointing to multiple sclerosis and a couple more tests will confirm it. will this help me in the issues of custody and housing (because eventually she will not be able to tend to the children accurately)or hurt me because she will now be disabled and be unable to provide for herself and i will have to pay her support permanently and give her the house?
1 Answer from Attorneys
Re: medical issues
Talk to your lawyer. It can go either way.
Suggest: that you and wife arbitrate and negotiate, in good faith. Otherwise, you may be mired in expensive, time consuming legal proceedings, that hurts everyone.
Think about assisting your soon to be EX, with obtaining all the services and benefits, she may be entitled to receive; even if you ultimately become the custodial parent.
Be careful not to appear as if you are "kicking" someone while they are down. You have children, who could eventually see you as an ogre, if you are not appropriately respectful of their mother, even if she is a major "B."
Good luck,
Phroska L. McAlister,ESQ
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