Legal Question in Family Law in New York

Family law / divorce / custody

BACK GROUND INFO: My wife is suing me for Divorce, fighting me for custody, askinf fo maitenance, sueing me for her legal fees, she is trying to get everything that she possibly can... but she is the one who commitned adultry, abandoned the marriage, refused marriage counseling, and mediation... MY CURRENT ? is: If she wins full custody and marries the guy that she has been chaeting on me with... does he become the guardian of my kids? If I loose custody can I stop this if she wants to name him as guardian? Could I stop it IF I had Joint Custody. IS it true that if we both make basically the same income and we split the custody and the visitaion ~ 50/50 that nethor one of us gets child support.


Asked on 2/11/09, 2:59 pm

3 Answers from Attorneys

jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Family law / divorce / custody

I agree with Mr. Markowitz and Ms. Wooten.

You must have a lawyer to defend your rights and explain to you the consequences of each action.

If you would like to talk further, please fee free to contact me.

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Answered on 2/12/09, 10:31 am
Michael Markowitz Michael A. Markowitz, PC

Re: Family law / divorce / custody

Q. If she wins full custody and marries the guy that she has been chaeting on me with... does he become the guardian of my kids?

A. No.

Q. IS it true that if we both make basically the same income and we split the custody and the visitaion ~ 50/50 that nethor one of us gets child support.

A. No. The individual that has day to day physical custody of the child receives the support.

Mike.

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Answered on 2/11/09, 3:05 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Family law / divorce / custody

Your spouse would have to petition the court to terminate your parental rights.

Your wife must have good cause to win this action. of course you can fight this petition and win.

You can also fight for custody and visitation.

You can counter sue for divorce and claim abandonment and adultery as your grounds.

Men can also sue for divorce and custody.

How old are the children?

If they are a certain age the court will ask with what parent they want to live.

Sincerely,

Patricia Martin-Gibbons

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Answered on 2/11/09, 5:37 pm


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