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Roger, Attorney
Category: Family Law
Satisfied Customers: 31685
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am the father of a four year old. My wife,of two years,

Resolved Question:

I am the father of a four year old. My wife,of two years, and I are curently seperated and we are looking at divorce. I would like costody of our son. I care deeply about him and I sincerely XXXXX XXXXX I am a better role model for him than my wife. She wants full costody, but I think her motivation is monitary. I work full time as the assistant manager of our local Taco Bell. My wife does casual work at a local nursing home. Would I have to pay allimony? What are my rights as our son's father?
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.


Alimony is a need-based award that the judge can give to one spouse if it is shown that the requesting spouse needs the money to maintain his/her current standard of living. However, because you've been married for such a short time, it is possible that the judge will not award any alimony, or if he/she did, it would only be for 1/2 the length of the marriage - or 1 year.


As for custody of the child, a court usually likes to give parents joint custody of the child, or primary custody with one parent and visitation with the other. Thus, the court is going to want to make an arrangement such as this. In determining who will be the custodial parent, the judge will have to do whatever is in the child's best interest, and it will consider the character of the parents, each parent's financial situation/stability, home environment, each parent's available time with the child, and any other factor the court deems important.


In general, mothers are given primary custody of young children usually because they have the most time to give to the child. However, there is no rule on this and you certainly have the right to seek custody of the child.


Here's a good article you should read:


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