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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Shared custody in NY. Currently have a custody battle

Customer Question

Shared custody in NY. Currently have a custody battle pending due to ex moving out of town. I have filed for child support, hearing coming up in November. Ex now saying she is planning to quit her new job because she cannot continue because of the commute.
She says she does not want to give up custody, and that means she plans to stay in town...unemployed. How will this affect my support case, and how do we proceed with the custody case?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Evening ,

I will try to best answer your question.

If Mother quits her job under the circumstances you described you should ask for her to be assigned in earning capacity based upon her last position. You can ask for custody to be modified with you to receive primary physical custody since mom's housing and employment is unstable. Mother needs to be working or searching for employment or filing for disability if she claims she is unable to work because of health condition. She cannot leave employment to now say she simply wants to stay home.

I hope this information is helpful and I wish you the best of luck.

Customer: replied 1 year ago.
thank you so much, for some reason I am unable to rate you. I rate a 5 star.
Expert:  mmdesq replied 1 year ago.

Thank yoy.