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Who would get the kids in a divorce?

Holmes, NY |

my husband just said that when he leaves that he's taking the kids since I dont work! i just got a seasonal job that starts next weekend and also im the one always there for the kids im the one who is home with them and make sure they go to all doctors and stuff! would he get the kids just because he has a better paying job??

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Attorney answers 7


No one can give you a definative answer from that small amount of information. Hopefully you and you husband can work it out. If you can't the Judge will hold a trial and do what is in the childrens' best interests.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


Usually a job will not be the deciding factor in a custody battle. If there is no agreement between the parties then a court will decide what is in the best interests of the children. Good luck.

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


In custody disagreements, the court goes by what is called " best interests of the child" you have not provided any age of children; based on the little info it I very hard to give you more information. If the parties cannot agree themselves or through the respective parties' counsel then the court will decide based on, as referenced above, "the best interest of the child" legal princible. If you have any questions my firm offers complementary 30 minute consultation. Good luck. York (718)894-9898/ Long Island (516)369-8403. Chicago (312)445-4955

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.


If you are the primary caretaker it is unlikely he'd get custody. Do not allow him to take the children with him when he moves out. Talk to an attorney now and call the police if necessary if he attempts to remove the children from their home.


Your husband has no right to move at and take your kids. I suggest you go to family court and file a petition for custody and file for a limited order of protection based on your husbands threats. Most family court referees will order that the kids should not be removed from the household until such time as custody and access issues are settled


The short answer is NO, a judge will not award your husband custody of the children "just because" he earns more money. By law, the judge has to consider a number of factors. However, you should consult an attorney now about your specific situation. There may be things you can do now to help your case down the road.


this is not a question that you should leave to short answers on the internet. You need to consult with a family law attorney right away. Not having a full time job is not a negative when it comes to custody. There are multiple factors that a court must look at to determine what is in the children's best interest. You being available for the children more could actually be a plus. They look at the relationship with the children; the children's ages and wishes; the fitness of each parent; their work schedules and many other factors. Rarely is one thing determinative. In the end if you both can't agree, a judge will decide. They will also appoint a lawyer to represent your children if you wish. Be sure to meet with an attorney. Children are too important to leave to chance.

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