How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Sam Your Own Question
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
Type Your Legal Question Here...
Sam is online now
A new question is answered every 9 seconds

Good morning, I am filing divorce now. My biggest concern now

This answer was rated:

Good morning, I am filing divorce now. My biggest concern now is the custody of the two kids. We have 12-year- old boy and 7- year-old girl, both are very closed to me, and the two kids are very closed too, they do not want to be seperated. My parents who used to live in the house helped me a lot taking care of them.
I am a doctor with my own practice. My husband is a businessman, he makes more than $1m a year, although he only report $35,000 on the tax return.
We just moved to long island for better school one year ago. My husband was not happy with the location since he has to comute 25 minutes to work, he does not want the marital house. and he said he prefers to live in Queens after the divorce. and he wants the custody of my daughter.
Since he moved out, he comes home 3 times a week, spent 2 hours each time with kids, send kids to extracurriculum activities. Upon my request, he paid parttime nanny.
He hit my son once since he moved out but I did not call police.
He came home the night of the storm and left us in dark(outrages), but for the past 2 days, he slept in the guest room in the house.

My Questions are:
1. What is chance I got the custody of my two kids?
2. Do I have to pay him alimony after divorce?
3. What can I do to increase my chance to get my kids' custody?

Thank you for requesting me to give you information

1 - If your kids are living with you and this is where they will best be served as to schools, etc, then you can argue that it is in their best interests to be with you sole physical custody. You are willing to allow visits with the Father and also I suggest you are willing to share Legal custody - this is where you both are involved in making serious decisions about the children.

2 - If you can show that he is earning more than what he is reporting, then no, you would not have to pay alimony. Alimony is only paid upon request and I suggest you can tell him that if he makes a request for you to pay alimony you will do all you can to have his tax records revealed and that subjects him for tax fraud.

3 - I suggest you want to maintain a good household for them - keep them as much in line with their usual way of living as you can. Prepare a viable visitation plan - showing that you are willing to allow them to visit the Father - plan it with his Birthday, sharing the kids' birthdays, holiday splits, vacation times, etc. This shows that you are acting in good faith.

Please note that if you need more information, you can use the Reply to Expert to Continue the Conversation. Otherwise, I would appreciate positive ratings so that I get credit for my time and information. This will NOT close your question. It will remain active for future follow ups.

If you cannot see where to Rate me, please let me know so I can report it to the administrators of the site.

Thank you
Sam and 2 other Legal Specialists are ready to help you