Legal Question in Family Law in New York
Child custody change after mother involved with new person
I found out today that my divorce, presumably granted in April of last year, was held up with some wording glitch. Shocked to find out I'm still married, I have been involved with another man since June. We have a strong healthy relationship which started slowly and is going at a steady healthy pace. He knows my children and they have a good relationship together. Although he lives 25 miles away, he spends the night on occasion at my place. He usually doesn't sleep over when the kids are home, but a few times he has. Nothing inappropriate took place, however on a couple of occasions we all fell asleep in the same bed. I have 3 children ages 10, 5 and 2. It was innocent, but I'm worried how it would be viewed by someone making custody decisions. I have been interviewing new lawyers to bring the divorce case back and revise the agreement from last year to make me sole custodian. I am now aware of some abusive acts of the father toward the youngest two. He has a history of violence toward me and my oldest daughter. He is also plying my live-in babysitters for information on what goes on in my home. I think they have told him we slept in the same bed. What am I to expect from all of this?
2 Answers from Attorneys
Re: Child custody change after mother involved with new person
If you are contemplating custody litigation, you should always be prepared for the worst. I routinely work with my clients to anticipate points the opposing party may make during the litigaiton and help them gather proof to refute or explain the allegations. You should also be gathering proof of your ex's bad-acts as they pertain to you and the children. In general, the better prepared you are, the better you will fare in Court.
Although, if raised, the Court can consider the fact that you slept in the same bed on several occasions with your boyfriend and the children, this will not be the sole determining factor. The Court will base its decision on the best interests of the children and can consider your explanation for the incidents as well as your proof of abuse/violence by your ex.
Good luck!
Whitney A. Clark, Esq.
518-383-1182
Re: Child custody change after mother involved with new person
Your problem is quite complex however in all custody battles the courts primary consideration is the best interests of the children. That being said to sleep in the same bed while still married with your boyfriend and your small children is certainly damaging. Your husbands abusive conduct is also damaging .You will need a very good attorney ,my fees begin @150-250 per hour .If you want to talk further you may call my office to set up a consultation@718-834-0087.
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