Asked in Divorce for New York

Q: How can I get divorce that guarantees me to be with my child?. I don't mind if he do visitation.

I live in new york and i have been married for 5 years . our daughter is 4 years old also my husband has 3 children from ex marriage. I cant live with my husband any longer due to his anger problems towards me. he is very verbally abusive and he grabs my child way from me many times. I have so much problems with him and every time he gets angry it affects all kids and each time I tell him to calm down. They are listening he doesn't care and he shout and scream louder which makes the little one closes her ears to not hear. And he break up the door while he's angry also throw the chair and make hole in the wall with anger in front of the children. And many time he chase me away telling me to get out from his house and throw my clothes on the floor and hold stuff trying to hit me. am i allowed to take my daughter and leave to my parents house , because i feel very unsafe . He told me that he can take her from me easily because the judge will never split siblings.

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3 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Commack, NY
  • Licensed in New York

A: There are no guarantees. If you are the better parent, and based on what you are saying, you would be the custodial parent. The fact that your spouse has other children is only a small factor. The courts rately, thought not never, split full siblings, but are less restrictive with half siblings. You need to contact an attorney to discuss this more.

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

A: No lawyer can guarantee which parent will get custody. The courts evaluate many things in deciding custody. The courts don't usually separate siblings but that is not a hard and fast rule, especially with half siblings. However, based upon what you have said, the first thing you should do is go to Family Court and get an order of protection. Once you have that, you can start your divorce proceeding. You should see a lawyer as soon as possible and discuss all aspects of your case.

Theodore Alatsas
Theodore Alatsas
PREMIUM
Answered
  • BROOKLYN, NY
  • Licensed in New York

A: No lawyer can guaranty you a result, especially in a custody matter. However, I believe that your husband is incorrect in his assertion that no judge would split siblings. That simply isn't the case. There are many circumstances under which siblings from two different relationships. I believe you should definitely consult with an attorney to assist you. We would certainly be able to assist you.

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