patience
New
Reged: 04/19/06
Posts: 2
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I and my husband have been having big fights for few months.
We have a five months old son. We are both working on H1-B visa.
I'm doing my best to continue this marriage, but it can end anytime and I want to be ready...
I definitely want my son's custody and is there anything I can do to zero the possibility of him having the custody. He's a good father but in the last fight he was
forcing me to leave USA and go for a long vacation abroad without my son. And he threatened me to do anything to prevent me to get the custody...
I'll really appreciate a lot any advice you can give me...
Is it better him open the case (for me to get the custody) or me open the case? Does it differ?
My job requires traveling if needed. Can this be a disadvantage for me to get the custody?
Right now, we are still trying... but doesn't seem going well.
Thanks in advance for any reply...
p.s. I know I need to talk to a lawyer but want to hear the experience...
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been there
Platinum
Reged: 01/09/06
Posts: 453
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NY is a dificult state for divorce. The simple way is to be legally separated for one year. With a five month old child, you will most likely have physical custody during the separation with visitation for the father. There is no way to know what the custody arrangement would be at the time of the divorce and the child is a year older. If the father makes a good case for himself, he could get a shared custody arrangement. Neither of you are likely to get sole custody of the child. You will most likely share the custody. It won't matter who files the divorce petition. You will need a lawyer.
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patience
New
Reged: 04/19/06
Posts: 2
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Hi "been there",
Thanks a lot for the reply and information...
I'll be visiting a lawyer to learn the details.
Best...
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crissy2
New
Reged: 08/09/08
Posts: 1
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my husband filed for divorce and full custody, in supreme matrimonial court, mineola, n.y.,. should i file a counter divorce, custody, suit. it seems he as the petitioner has the upper hand . thanks, crissy
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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The (first) petitioner has the upper hand in determining jurisdiction. If there is no dispute over jurisdiction, the only thing that can give the petitioner the upper hand is the element of surprise - the petitioner has more time to prepare.
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