Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

CHILD CUSTODY & CHILD SUPPORT

Question #43:
I am a stay at home mother of one 3 year old and expecting my second child in August. My husband wants a divorce (which I agree is for the best). However, since I left my career for our fist child to become a stay at home mom, I do not have any income and canít afford an attorney. I was just going to start back to work when my child started pre-school this fall, but my husband convinced me to have another.My husband has said he plans to sell the house (there is no equity) and I will have to live with my mother until I can get financially stable on my own. I am scared that he will get custody of our child and the unborn one since I cannot afford a home, etc.We reside on Florida. Will he have to pay alimony (he says he wont- we don't have much money, only his income). Is there anything I can do to get custody of my children? If we get divorced before the birth of our next, what rights does he have to it?I cant afford to get legal advice and hope that you can help ease my mind and maybe direct me in the right way.I appreciate your help!
Answer:


If your husband has been supporting you and the child during your marriage, the Court will make him continue to pay child support and spousal support, especially now that you are going to give birth. You will not lose custody simply because you cannot afford to pay for the childís expenses.

As the father of the infant to be, your husband will have all the rights and obligations of a father.

Good Luck!

Leonard M. Weiner, Esq./Divorce Solutions
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