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    sivan25's Avatar
    sivan25 Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Sep 9, 2007, 06:39 PM
    New york divorce/custody
    [B]Hello,
    I was wondering if anyone can tell me about getting a divorce in New York and custody...

    I wan't to know what does custody mean... I wan't my son to stay with me but have visitation from his father but that he will never take him without permission... what does this situtaion mean?

    Also regarding divorce... we have no assests for us to split. But what I want to know is how much can I get from him regarding child and alimony support.. I have one son.

    Anyway a lot of info will be helpful

    Thank You
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Sep 9, 2007, 06:46 PM
    There are two types of custody, physical and responsible. In physical custody the child lives with parent. In responsible the parents have a day in how the children are raised. You can have full physical custody and joint custody with visitation.

    NY is a no fault divorce state so you can do this cheaply if you can agree on everything.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
    		  
    #3

    Sep 10, 2007, 03:24 PM
    In your divorce motion (which I presume your attorney will file on your behalf) you include a motion for custody of your son. You also request that child support and alimony be paid according to the laws of New York. The amounts will depend on how long you've been married, your husband's earning potential and your earning potential. Lastly, you simply stipulate that your husband is not to take him without your permission. Your husband may file a motion for custody also, in which case the judge will decide who actually gets it. If your husband requests visitation the judge will set the times and conditions. It will actually be easier if you and your husband's attorneys can agree on as much as possible prior to actually going in front of the judge.
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