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Do I technically have primary custody?

Q: My child's mother said she needs more help with our so because she is moving out of her boyfriends house. I have him a lot anyways. We wrote up a new agreement, it is notorized. I have him Tuesday 7pm to Saturday 7am. I have him 4 nights. I still pay her support in the meantime. Do I have primary custody? If I do, how long should I follow the new agreement? Then file to stop support. I don't even want support from her.

A: David's Answer: The issue isn't merely "nights," but for support calculation purposes the court will literally count the hours. And both waking & asleep hours count in the analysis. My best advise is for you to reduce your informal agreement to a court order - if the custody order reflects that you have primary custody, then you don't pay child support. Schedule a consult with a NYC Child Custody attorney for a full assessment. - David Bliven, Bronx Child Custody attorney (

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