DadinDivorce
New Member
Wife and I are in the midst of divorce proceedings. We live in New York, and I'm wondering what the odds are of the father winning primary physical custody over the mother if both are fit, loving parents. Two kids, ages 7 and 12. Items that I can put forth as possible advantages are that my annual income is about double the mother's. I have a secure job, whereas her career path is anything but stable. Also, with her career path, there could ( I stress the word could) be many nights and weekends where she is unavailable, whereas I work a traditional 9 to 5 job.
She seems to think that all things being equal, the mother will win primary physical custody every time in New York State if she is a fit parent. That my chances of winning are very slim. We are running into roadblocks in our effort to agree on a settlement, and I have told her that my earlier, tentative agreement to be the one who moves out and accept non-physical custody was a huge sacrifice on my part. Unlike the traditional father in divorce, I would be ecstatic if she was the one who moved out, and I stayed in the apartment with the kids. I wouldn't even ask for child support, because her income is low. I've told her that if she isn't willing to accept this sacrifice and make some of her own, then I may be forced to re-evaluate and take this to a lawyer, and sue for primary physical custody.
Any advice appreciated, or if anyone can point me in the right direction regarding possibly statistics on this issue in NY State..
Thanks in advance.
She seems to think that all things being equal, the mother will win primary physical custody every time in New York State if she is a fit parent. That my chances of winning are very slim. We are running into roadblocks in our effort to agree on a settlement, and I have told her that my earlier, tentative agreement to be the one who moves out and accept non-physical custody was a huge sacrifice on my part. Unlike the traditional father in divorce, I would be ecstatic if she was the one who moved out, and I stayed in the apartment with the kids. I wouldn't even ask for child support, because her income is low. I've told her that if she isn't willing to accept this sacrifice and make some of her own, then I may be forced to re-evaluate and take this to a lawyer, and sue for primary physical custody.
Any advice appreciated, or if anyone can point me in the right direction regarding possibly statistics on this issue in NY State..
Thanks in advance.