Legal Question in Family Law in New York

Child custody

My ex-husband is taking me to court to gain custody of our two boys because my boyfriend has moved in. My boyfriend is on parole for a rape that occured 11 years ago and is a registered level 2 sex offender. What are my chances of keeping my children?


Asked on 1/20/04, 1:32 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child custody

Your chances of keeping your children are not good, because of the criminal history and in part because your judgment is suspect. You are living out of wedlock, with a man with a criminal history, that your boys probably don't want living with them.

Your sons probably told their father about him and that they didn't want him around; or certainly not living with them. The criminal record history is merely the leverage their father is using to change custody, per your boys' request.

Who you live or sleep with is clearly your own business, but your children have the right to be free of "your" business being imposed upon them.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ.

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Answered on 1/26/04, 3:37 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Child custody

If I were a betting man, I'd bet against you.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 1/21/04, 8:36 am


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