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 (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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