Legal Question in Family Law in New York

Re: getting primary custody of my son

There is almost as much information missing as included in your question. But I will do my best.

I assume that you have joint custody of your child and that you were working at the time of the divorce decree and that you both pay child support.

The petition for full custody will be determined by the judge's decision of whether this is in the best interest of your child.

That you are re-married and a stay-at-home mom will be influential. The back child support will be used to raise questions about your committment to the child. (If you love her so much, why are you denying her your $).

That is the only way it will enter into the court's decision.

It will not help, but it will not prevent you getting custody. It will not be influential.

You are welcome to a consultation for no fee.

Re: getting primary custody of my son

You should consult with an attorney as soon as possible. Defaulting on a child support order is a serious matter that may cause bigger problems than making it hard for you to win custody. You obviously recognize that the Court will not view your failure to pay favorably, especially if you are simultaneously claiming that you are capable of supporting the child if in your custody. Feel free to call my office at 212-255-4414 to schedule a free consultation.