Legal Question in Family Law in New York
custody
can the father of my baby get custody because he has a job and we just split up and i have been a stay at home mom for 2 years and havent been able to get a job yet, can he get custody of my baby because he has a job and i dont
2 Answers from Attorneys
Re: custody
Generally the courts determine custody based on the best interest of the child. Lower economic status should not be a factor that should adversely affect a custody determination. You can call me on (718) 715 0514.
Re: custody
There still exists a presumption in favor of the mother, respecting custody of an "child of tender years;" and a presumption in favor of a mother of a child "born out side of marriage."
Which means, the father does not have an especially favorable position viz custody because he has a job and you do not.
In fact, his working may mean that he does not have a current ability to personnally care for the child the way you can and have been.
GOOD LUCK,
PHROSKA L. McALISTER, ESQ.
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