If my wife cheated on me then walked out on me and our 4 children, can I sue her for child support and full custody of our children?

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If my wife cheated on me then walked out on me and our 4 children, can I sue her for child support and full custody of our children?

Asked on May 3, 2012 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I can surely understand how upsetting the situation is for you and for the children.  But generally speaking, New York does not consider the "fault" of a party in determining child support and custody.  Both parents have an equal right to custody.  Support is determined by statutory guidelines.  The court will try to accommodate the best interest of the child and choose the environment that offers the most stability.  I would speak with an attorney as soon as you can.  Good luck.


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