I have 1 child

Aug 8, 2012 by

Question: 

I’m a male and am married. The marriage has been mostly a nightmare for myself. Basically everything is always my fault and I don’t want to live my adult life as I did when I was a child. I know going to court I will lose (child, money etc:). My question is (most importantly) will I get equel amount of time with my son (8yrs old) and I’m on compensation (I was a Firefighter hurt in the line of duty)…will I lose all that also? Thank you so much for answering my question…God Bless and good luck (NY)

State: 
New York

Answer: 

New York law is a little different than the law in most of the other fifty states in one huge respect-it is still a “fault” divorce state meaning that you need to prove “fault” in order to get a quick divorce. However, where both parties agree to the divorce, the fault issue is generally not a problem. I’m so sorry that your marriage has been a nightmare, but I’m happy to see that you are seeking as much time with your son as possible. Generally, most courts try to give something close to 50/50 custody where both parents want it and where both are competent parents. There are many attorneys that specialize in “father’s rights” cases; I recommend that you contact one of them to handle your case. Off hand, I can’t think of any reason why seeking 50/50 custody would impact the compensation that you received from the fire department for your injuries, but you should definitely double check with the department who oversees that compensation. And one other suggestion: Stay as involved with your son as much as possible and go to court immediately if your wife refuses to give you a frequent access to your son. Good luck! – Wendy Jaffe, ESQ.

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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