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Can a father get custody over 1 year old daughter if mother lives in homeless shelter?

Q: My ex kicked me and my daughter out 2 months ago. We’ve been staying with friends and family ever since. Currently on welfare, getting child support, enrolled in college, attending a back to work program, actively job searching. Considering shelter system but don’t want to lose custody of my daughter.

A: David’s answer: Ability to support the child, as well as home environment, are certainly factors in determining custody. That said, there are many other factors which go into a custody determination, such as who is the primary psychological parent and who has de facto custody at the beginning of the case. You’re best advised to schedule a consult with a Bronx Family Law attorney for a full assessment.

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