Legal Question in Family Law in New York
Child Custody
My children have lived with me for
two years. I have residential custody.
My x-husband lives out of state. My
fiance recently got a DWI. He is going
to be on probation. If my x-husband
finds out can he use that against me
to petition the court for a custody
change?
1 Answer from Attorneys
Re: Child Custody
Yes he can. Especially since you intend to be married and he will become a member of your household with the children. However, he would have to prove that living with him is detrimental to the children. You still are the mother. They may say you have bad judgment in men - but that's about it. After all you were not arrested.
It is something to be considered in marrying this man, but it is not something which should trigger an automatic change in custody.
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