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What is the odds that my children live/remain with me if my husband and I get a divorce?

Buffalo, NY |

My husband makes six times the amount that I do. He is a good father, however I am the go to /more involved parent. I want them to remain living with me, but I know that he will contest this.

Attorney Answers 4

Posted

If the two parties cannot reach an agreement then the court will determine what is in the best interest of the children. A law guardian will be appointed to represent the children's interest. Work closely with your lawyer to obtain the best result. Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

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Posted

The court must decide what is in the children's best interest when deciding custody. If you are both involved, that should continue because it will be best for the children. However, if you are more involved and take care of the children more, it may also be best for that to continue. That your husband makes more money than you does not mean that he will have a higher likelihood of being awarded custody. If he does pursue custody, it may be because he does not want to pay child support ot you. But, it is hard to give you a concrete answer without fully investigating your case. You should consult with a local attorney and work on a strategy to get where you want to go.

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2 comments

Asker

Posted

We both own our home and our children are 4 and 1 and a half. He of course pays more financially because he makes more, but I am the prinary care provider in our house. My children respond best to me. Would he most likely have to move and pay child suport. I couldn't pay for the house on my own. Any input?

Jean M. Mahserjian

Jean M. Mahserjian

Posted

If you become the primary custodial parent, the options are that he will move and you will remain in the house with the children or that the house will be sold and you will find another place to live. Child support is based on income. You can speak with a local attorney to discuss how it is calculated.

Posted

The fact that your husband makes six times the amount you do, does not mean that he will prevail in a custody battle, and the fact that you are the go to parent doesn't meant that you will prevail. The court will consider what is in the best interests of the children when making a custody determination. There is also a trend toward granting the parents a shared custodial arrangemen,t if the parents schedule would permit such a schedule. It is always best if you and your husband can agree to a parenting schedule. How old are the children?

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Posted

The best interest of the children is always the standard used by the court to determine the ultimate outcome of a custody battle.
The court will look at many factors in making this determination. Income is only one such factor and, standing alone, is not at all dispositive of the end result.
The court may appoint a law guardian, who is an attorney, for your children. The law guardian will interview your children and may contact experts appointed to the matter, such as psychologists, psychiatrists and/or other doctors, to effectively advocate for your children.
I strongly advise you to contact local counsel in order to obtain advice specific to your situation.

Best regards,
1110 South Avenue, Suite 11
Staten Island, New York 10314
Tel. 347-273-1310
Fax 888-999-8935
Email contikeegan@gmail.com

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