Legal Question in Family Law in New York

Sole custody while married

Good afternoon,

I am married 7 yrs with 2 children (5 and 7). My husband has a drug problem he admitted although there is no evidence for this. He's lost 4 jobs in a year and my kids adore him while I loathe him. I want sole physical and legal custody. Must I go through the process of divorce first? What are the steps I need to take. I live in NYC. THank you very much.


Asked on 9/19/07, 2:19 pm

3 Answers from Attorneys

Daniel Clement Law Offices of Daniel Clement

Re: Sole custody while married

If you no longer wish to be married to this person, you need to obtain a divorce. The issue of child custody and support will be addressed as part of the divorce.

Daniel Clement

thedivorcereport.com

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Answered on 9/19/07, 2:49 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Sole custody while married

If you are not ready for the divorce however, you can go to family court and seek custody of the kids while the divorce is pending. Be sure to speak to a lawyer. It is hard to suspend a parents rights to his children. You will have to show that what you want is in the best interest of your children. Best get an attorney to help you.

Good Luck.

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Answered on 9/19/07, 10:25 pm
richard feldman richard d. feldman

Re: Sole custody while married

It is most important that you seek lcgal advice E mail for my report What you should know before hiring a divorce lawyer

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Answered on 9/21/07, 2:37 pm


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