QUESTION
If I divorce and move out of New York will I lose the chance of getting primary custody of my 5 year old daughter
Asked on Oct 14th, 2013 on Divorce - New York
More details to this question:
I am a teacher and my husband is a musician. Because of his more flexible hours he has been the primary caregiver for our child of five. We live in Manhattan.
2 ANSWERS
Custody is not based on who has been the primary caregiver - although that is a factor. The test for custody - if it is litigated - is the best interest of the child. Moving, alone, is not a determinative factor.
You should discuss the situation in detail with a local divorce attorney, sooner rather than later.
Answered on Oct 14th, 2013 at 4:34 PM
The test that the court in New York applies in all custody cases is what is in the "best interests" of the child. The fact that you are contemplating moving out of New York does not necessarily mean that you will not be able to win custody of your daugther.
The best way to avoid any complications is to speak with your husband about your desire to relocate with your daughter and work out a written agreement that includes parenting time for the father so he will still feel a part of your daughter's life. It is recommended, however, that you have an attorney draft any agreement so that it conforms to the law and minimizes any future issues between you and your husband.
Answered on Oct 14th, 2013 at 3:09 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com