Should I wait to file for child support until after official custody order and proceedings conclude?

Q: For background: my child used to live more time with his father but in January I switched to having majority of time. I had him full week and his father had him weekends. I ended up filing a WRIT because his father refused to return him. At that appearance they granted us a temporary custody order where M-F his father picks him up from school at 6pm and has him until 9pm and we alternate weekends. He sleeps at my home and I take him to school. His father is seeking full custody and has been extremely difficult to work with.

On to the question: when I originally had a consult with an attorney they advised me to wait to file for child support until after I had custody in order to avoid it seeming like I only want custody for child support which is obviously not the case. We have the next court appearance in a month and it will most likely go to trial. Should I still wait to file for child support or should I file immediately? Will it impact my case negatively with his father attempting to get full custody?

A: Filing for child support is a statutory (& moral) right – it cannot be counted against you in the custody determination. As such, if the temporary order dictates that the child is under your roof more than 51% of the time, then you would appear to qualify for a child support order. Schedule a consult with a Bronx Child Custody Attorney for a full assessment.