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I work p/t, live on my own and receive food stamps. The father is a firefighter who lives with his mother. Can he get custody?

New York |

Single mom, 2 children. working part time. Can not afford childcare. do not receive child support from either father. Receive food stamps. Have roommates to help with rent. i make 1/3 what he makes. He lives with mom and just graduated the academy. fluctuating schedule and works overnights. He wants joint custody. we were never married and have never lived together. Can he get it?

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Attorney answers 1


As a general rule you should understand that joint custody will rarely be awarded if both parents do not consent to such an arrangement. The court wants to see that both parents get along well enough to make joint decisions for the children. As for who would win custody, the factors you listed above may be considered when the court determines what is in the best interests of the child, however the factors you listed are not the end all be all. The court will consider the desires of the children depending on their age, and will consider many other factors besides the incomes and jobs of the parties. Remember that the court will determine what is in the best interests of the children and consider the totality of all circumstances pertaining to this standard. If you object to joint custody and set forth the reasons for doing so, it will most likely not be ordered. But if joint custody is a viable option for you, you should consider it if you think it is best for your family.

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