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Can I get full custody while I'm married?

New York, NY |

I'm not planning on getting seperated from my husband anytime soon. So I wanted to know if I the mother could get full custody of my daughter. My husband is not a bad guy I'm just afraid if we go down the wrong road he will take her from me and he is the type of guy that doesn't know how to take care of a baby I do everything.

Attorney Answers 4


Sure. Just file for custody in your county's family court.

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There are too many variables to be "sure" as to what would happen if you separated from your husband regarding your child. Importantly, you cannot apply for custody or parenting rights while you as yet reside with him.

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Ok. Thank you but I forgot to put that we don't live with each other. I live with my mother and he lives with his family. He stays occasionally with us. How can I get full custody of my daughter?


Yes. You can file for custody in the family court in New York in the county in which you live. You should hire an attorney to assist you with the filing and representing you in court.

This answer is for informational purposes only. It does not establish an attorney client relationship.

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I agree with Ms Fiss - one cannot generally file for custody while still residing with the other parent. The exception is if you are imminently separating. If you are not, then you can raise the custody issue within the context of a divorce filing, but otherwise would be precluded from proceeding on a custody filing in Family Court. Schedule a consultation with a NYC Child Custody lawyer for a full assessment.

* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

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