Legal Question in Family Law in New York
Should I petition for Joint or Full Custody?
My ex-boyfriend and I have a 2-yr-old son who lives with me and has since birth (his father left us when he was 5 mos. old). Although he takes our son one night during the week and one night over the weekend, and pays me child support, his lifestyle is changing drastically. His father is now living with his girlfriend, her two kids and they now have a baby on the way. I recently took him to court for full custody and child support. He is asking for joint custody but I don't know what to do, file for full or joint? Our son has his own bedroom with me and sleeps on a futon with the other two children at his father's apt. I asked for legal aide but was told no one could accompany me to court on the date of the custody hearing. I am just confused as to what to do for the well being of our child. His father's layer drew up an agreement but I really just want everything to stay the way it is now, where we discuss the days he will take him and he lives with me full time. Also, will it make a difference in support whether or not we have joint custody?
3 Answers from Attorneys
Re: Should I petition for Joint or Full Custody?
you raise too many issues to discuss here. there are many ways to structure joint custody. call me for consultation at 212 683 8677
Re: Should I petition for Joint or Full Custody?
You should Not consent to anything concerning the custody of your son, that you do not believe is good for your son, and in his best interests, no matter the pressure or your inclination to "cooperate."
But, you should consider negotiating with your Ex, and listen to his concerns.
He may be looking for more partcipation and info, re your son's life, re his school, recreation, friends, health needs, etc., that you can provide w/o changing the current custody, child support arrangement.
You should have your own lawyer.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
Re: Should I petition for Joint or Full Custody?
This is a difficult situation and some of the answers you must find in your own heart.
Full or Joint custody is always a difficult question. The courts are giving joint to most people these days. The most important thing is that you want to be designated the "custodial parent" (the parent the child lives with and is most responsible for the child).
Full/Joint will not affect the child support. That will not change unless he is desgnated the "custodial parent".
The visitation arrangement you have with your ex can be continued by the judge, but I recommend some kind of maximum days and minimum days for the visitation. When, what time, and other issues can be "by agreement of the parents" (like you have now), but some sort of structure is helpful. It is nice to know he must be back with you by 8pm on Sunday rather than 'sometime on Sunday'.
But being able to talk and work out things with your ex is very important. Having that much shows the two of you are doing very well in this difficult situation.
Good luck.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, New York, NY (646) 591-5786
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