Divorce
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Domestic Abuse

Do I have a stronger chance of getting custody? Full or joint?

Q: My daughter’s father and I are unmarried and splitting up. We both reside in NY and he is threatening to take her away from me to hurt me. She gets babysat by his sister, whom I pay, while I go to school in the mornings to finish my degree. I work as well as a real estate agent from home, so I am mostly with her. When together, he would only sleep all day and party all night. He does drugs and drinks and comes home around 5-7am. He doesn’t work. He is also violent to me and I have a couple pictures and medical documents stored away. The last argument we had, I was cooking and had a knife in my hand and he smashed my phone and as I was asking him why he did that, he took a picture of me with the knife in my hand and my daughter in the picture watching tv. He is threatening to show it if I take him to court to protect himself. I am always with my daughter and taking care of her, but worry that this can affect my chances. Help

A: One of the strongest factors is who is the “primary psychological parent.” While you’ve implied that’s you, one would need to know for sure to render a definitive opinion. Moreover, one would need to weigh and assess the numerous other factors that go into a custody determination. You’re thus best advised to call a Westchester Child Custody attorney to schedule a consult for a full assessment.

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