1. From the information you provided, it seems that you have a good chance of getting legal custody of your child and serving as the resident parent. 2. Assuming you can convince the judge of the fact that you are indeed thrown out of the house and that it was in the best interests of […]
1. From the information you provided, it seems that you have a good chance of getting legal custody of your child and serving as the resident parent.
2. Assuming you can convince the judge of the fact that you are indeed thrown out of the house and that it was in the best interests of the child to live elsewhere, you should have no trouble with any claim of abandonment.
3. If you are declared the resident parent of the child, you should receive child support from your husband for his share of the child support obligation, regardless of your income.
4. Unless your husband co-mingled the inheritance funds or property by putting it in a joint name or account, an inheritance is not marital property.
If you are living in the New York City metropolitan area, I strongly suggest that you call me at 212-370-1660 to mediate your separation and the Divorce. Until you have a legal separation or Divorce, you cannot remarry, and you are still considered husband-and-wife.
Leonard M. Weiner, Esq./Divorce Solutions