custody battle???

[abcd12]

What is the name of your state (only U.S. law)? new york



Currently living with my girlfriend for ten years in my house. we have 2 kids 11 and 5, my name is on birth certificate. she wants to leave and move kids to another school dist. she has no cash, good job and 2 bankruptcies. she is getting unbearable to live with. I have (and have had) steady employment, and have no convictions or legal problems and a pretty good net worth.

i have older children from a previous marriage, that are around ocassionally.

what kind of custody can i get?

any other tips/advice would be appreciated.

 

[TheGeekess]

What is the name of your state (only U.S. law)? new york



Currently living with my girlfriend for ten years in my house. we have 2 kids 11 and 5, my name is on birth certificate. she wants to leave and move kids to another school dist. she has no cash, good job and 2 bankruptcies. she is getting unbearable to live with. I have (and have had) steady employment, and have no convictions or legal problems and a pretty good net worth.

i have older children from a previous marriage, that are around ocassionally.

what kind of custody can i get?

any other tips/advice would be appreciated.

It depends. Joint Legal is almost a given. Who takes care of the day to day with the children? Who gets them up for school, goes to the conferences, takes them to the doctor?

 

[LdiJ]

What is the name of your state (only U.S. law)? new york



Currently living with my girlfriend for ten years in my house. we have 2 kids 11 and 5, my name is on birth certificate. she wants to leave and move kids to another school dist. she has no cash, good job and 2 bankruptcies. she is getting unbearable to live with. I have (and have had) steady employment, and have no convictions or legal problems and a pretty good net worth.

i have older children from a previous marriage, that are around ocassionally.

what kind of custody can i get?

any other tips/advice would be appreciated.

The questions the other poster asked you are important, but I just wanted to let you know that the items you listed as her negatives and your positives, are completely irrelevant to custody. Do a google search for the "best interests of the child" standards for your state. That will show you what is and is not relevant for a custody determination.

 

[abcd12]

we both go to doctor/school appts. i also take him to most of the after school activities

In ny best interests are:

Preference and age:
Keeping the status quo: If parents have been living apart and have established an arrangement for where the children live, the court may be inclined to continue this arrangement.

Siblings: The court usually prefers to keep siblings together, unless the needs of the children differ greatly.

Stability: The court tries to keep children in the environment they know — same neighborhood, same school, same friends. If a parent chooses to move, that becomes a factor for custody.

Quality of life: The court will take into consideration the quality of the home space, cleanliness, neighborhood safety, and quality of available health care, amongst other factors.

Parental stability:

 

[BL]

I have found that Family Court in my county in NY likes to try and have the parties come to an agreement .

If they can do that and the judge is satisfied ,that stipulated agreement would be entered into court as order(s).

If she is unwilling ,and both of you have decided to separate , it would be best for you to file a custody/visitation first and ask for a temporary custody order keeping the children in the home and community they have known with you,later to be decided.

As a side note,at least in my county child support issues are heard separately and would occur when the parents are living separately,preferably after a custody/visitation order is in place,but it's not necessary.