How to win sole custody of child

Hi i’m looking for advice.I live in Nassau county long island, i’ve been wanting to go to court to get full custody of my son due to my financial situation i want to move to another state, my sons dad barely sees him through out the week, he only takes him from Friday night to Sunday ( not every weekend since he “works”). I tried speaking to an attorney but they said i may not be granted sole custody since he “technically “ still see’s him and helps me out with paying half of my rent also. At this point i don’t know what to do i want to move in with a family member in another state.

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.... he pays half of your rent? And you want to take full custody of his son and relocate? Girl... what???

@Monét yeah for now, until our lease ends which will be in may. After that he’s said he wont help me out.

I don't know how fair it is to take him for full custody when he is somewhat present. That's taking away his physical rights just because you want a better job. I understand from your POV, but don't think it's right. Especially if there's no plan in place in another state

By law, unless there is a court order, both parents have equal rights to the kid; either parent can move anywhere if there is no court order. If you move then go to court, they will more than likely give visitation. If the non- custodial parent does not follow the court order, the custodial parent can go back to court with documented proof and ask for full custody. If you didn't want to go that way, you could make arrangements for dad to see baby regularly on weekends.

@Jade shed need his approval if they both have custody of the child though

Which state if it’s drive able you can workout a plan with your SO to come back every 3 weeks so he can have partial custody. Moving isn’t always the answer though to financial instability especially since nyc has so many more jobs than most of the country