Q: My guy friend is married but she cheated on him and moved. She has the baby but he also wants the baby so he is taking it to court. She is not a stable mom and there documents to prove it. I would like to know how does the judge work and does women always get the child ? Because they are still legally married does that work for him?
A: Mother’s do not “always get” custody of the child – a growing number of Father’s are indeed awarded custody. Moreover, the fact that they’re married versus unmarried only affects the court he should file the case in – he should file for Divorce in Supreme Court (which would then rule on the custody issue), as opposed to a mere custody case in Family Court. Schedule a consult with a Bronx Child Custody attorney for a full assessment.