Q: I am a single mother of 2 with 2 different fathers. My son father watches him Monday- Friday about 9 hrs a day.I filed for child support on Oct 2012. The judge oredered him to pay $25.00 a month because he is disabled. Till this day he has only made 1 payment of $7.89. My son is with me all day after i pick him up from his fathers and including weekends. I dont drink, drugs ,smoke or socialize. The only reason why i have him watch him is because he doesnt work and i will save a little money for child care. Can he gain full custody??? I also have full custody of my 12 year old daughter previous marriage.
A: David's Answer: If he petitions for custody, then the Court will need to hold a custody trial. To the extent that either party could conceivably win such a trial, it follows that it's possible the father could win custody. Whether it's probable is the key question, which involves an analysis of numerous factors. If the father is threatening to petition for custody, then I highly suggest that you schedule a consultation with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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