How do I determine my chances to win a custody battle?

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How do I determine my chances to win a custody battle?

I am not legally married to my twin son’s father. I separated from him and moved out with one child 1 year ago, I ‘ve been living with Twin A only because he refused to let me take Twin B. How likely I will win if I fight for Twin B’s custody? Is there any chance I will lose Twin A? The father’s mom has been the primary care giver of Twin B ever since I moved out.

Asked on September 7, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best way to ascertain the chances of getting physical custody of your two sons is to consult with a family law attorney in the county and state where you reside to discuss your desires and the evidence you need to persuade the court to side with you.

What you have in your favor is that you have one child living with you, are presumably a fit mother, and the fact that the father is not the primary care giver for the other son, the grandmother is. As such, the family law court most likely would like to see the two siblings living together as opposed to being apart based upon my experience in such matters.


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