Q: My friend has an ex who wants to try to get primary custody. The child is almost 4 years old and has always lived with the mother. The ex doesnt make as much money as the mother, he is always broke, and has no bedroom or things for the child. He also wants to pull the child out of her preschool so that he doesn’t need to pay the tution. He lives in the bronx and the mother lives in queens. He lives with his gf and their new baby. But she is the breadwinner. He was just placed on child support and it was more then he expected. He wants to try to get primary custody so as to get off of child support. Would he be able to get primary custody if the mother is a good mom and the child lives in a good area, in a nice apartment and has her own bedroom and things. The child is attached to both parents. If he can’t get primary and he tries for joint, If he gets granted 50-50 physical custody would he still have to pay full child support to the mother in New York State?
A: Especially if his primary motivation to getting primary custody is to reduce child support, he’ll surely lose. It doesn’t sound like he’s a good candidate for either primary custody or shared custody, but a full custody assessment involves 20+ factors. Thus, he should schedule a consult with a Bronx Child Custody attorney for a full evaluation.