Tuesday, July 8, 2014

My husband wants 50/50 custody. Do I have any real chance of getting primary physical custody?

Q:  My husband wants 50/50 custody of our infant son. We both have jobs and are financially secure, and we are equally involved in caregiving responsibilities. My husband is a loving and devoted father, but he is also conniving and manipulative, with a long criminal history. I do not believe he will be a consistent, positive influence on our son. I also have two children from a previous marriage, but their father is not in the picture. I want to fight for primary physical custody of my son, but do not want to spend the time and money on a nasty custody battle unless there is at least some reasonable chance that I will win. Is it worth it for me to pursue primary physical custody?

A:  David's Answer:  His criminal record will be a factor, but how big a factor depends on what he was actually convicted of. There are many other factors the court will consider, including (regarding shared custody) how close you live to one another. Call a NYC Child Custody lawyer for more info.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

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