Corning, NY asked in Child Custody, Child Support, Divorce and Family Law for New York

Q: If my sons mother loses her job and isn't actively seeking another and we have equal shared custody, what can I do.

I'd like to petition the court for full custody.

3 Lawyer Answers
Theodore Alatsas
Theodore Alatsas
PREMIUM
Answered
  • Divorce Lawyer
  • BROOKLYN, NY
  • Licensed in New York

A: Custody is rarely based on the ability of one parent to get a job. Its about a lot more than that. It is not likely to be a factor against that party. In order to change custody, there must be a change of circumstances that relate to the best interests of the child. If the mother is without a job, presumably she is home all day, and so is the child. How is that a negative for the child? If she is doing other things that are detrimental - doing drugs, that sort of thing, then maybe that would be a more relevant factor.

Tim Akpinar and Paul Ylvisaker agree with this answer

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: Having or not having a job is not a basis for a change of the custody arrangement. To change the custody arrangement, there must be a "substantial change" of circumstances since the agreement or the last order. If the mother no longer has housing because she lost her job, that might be a change.

David Ivan Bliven
David Ivan Bliven
Answered
  • Divorce Lawyer
  • White Plains, NY
  • Licensed in New York

A: Financial ability to support a child is but 1 factor in a custody determination. There are numerous others which need to be analyzed, including length of time the agreement's been in place, compliance therewith, availability to the child, preference of the child (depending also on child's age), etc. You're best advised to schedule a consult with a Divorce Attorney in your area.

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