Wednesday, August 7, 2013

Do I need a job in order to get physical custody of my children?

Q:  In my last question I asked "how can I get physical custody of my children because they are living their grandmother (my ex-mother-n-law) instead of their father?. " Today I called my children today and my daughter is terrified to speak to me. I was laid off in August 2012 and I am currently receiving unemployment...etc. I wanted to know if their is a sufficient income amount I must make in order to get physical custody of my children? Because I am apprehensive of going back to court because he makes significantly more than I do. However, there has been one significant change I currently reside in my own apartment as opposed to before.

A:  David's Answer:  Having income betters your chances of getting custody, but merely subsisting on unemployment does not preclude you from getting custody if you otherwise have a meritorious case. The reason is that you'd be getting child support from the other parent to supplement your unemployment compensation if you win custody. That said, custody is a relatively complex case which you should not attempt to handle on your own. I highly encourage you to contact a Westchester Co. Family Law attorney to schedule a free consultation.  --  David Bliven, Westchester Family Law attorney (

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