Legal Question in Family Law in New York

child, his girlfriend, custody

Married ten years, one 5 year old child. I was a stay at home mom for 5 years. Asked spouse to move out in Oct. He started seeing someone in Jan. and in March says he's in a ''relationship.'' Has said he will not remarry before 2004. We have not yet signed any separation/ divorce papers. Is this type of behavior legally frowned upon or is it completely legal and healthy? Is he compromising his costodial rights by getting into another so quickly? He is pushing for equal time. I am unsupportive of equal time. My overriding concern is impact of women who may come and go from her father's life. Can I legally protect our child from what I consider to be impulsive behavior and poor judgement? Are there guidelines that prevent child from being swept into new romances or do I have to relinquish this to her father's ''good judgement?'' Thank you.


Asked on 4/20/02, 12:30 pm

3 Answers from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: child, his girlfriend, custody

While your desire to protect your child is understandable, most Judges will enforce his visitation rights.

If you block or thwart his visitation, or if you create symptoms in your child; you may be branded as "jealous and spiteful" and actually enhance his chances for custody.

If you take a positive additude toward daddy's new friend, so will your child. In the process, you will be saving yourself thousands of dollars' is pyschiatrist's bills for your daughter.

I have been a divorce lawyer for many years and I have just given you ten thousand dollars' worth of advice.

If you wish to discuss this with me further, please call to schedule a consultation.

(516) 741-7799

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Answered on 4/20/02, 12:42 pm
John Hayes The Law Office of John M. Hayes

Re: child, his girlfriend, custody

You may want to consider initiating a custody petition in Family Court.

You do not need to petition for "sole custody" - - indeed, it might make sense for you to try to communicate to your Hsb. that you are initiating a petition primarily for the purpose of "clarifying" the custody status: "joint custody" with primary physical custody with the mother is typical of the language that might be used.

In the context of such a petition, you could also address more formal requirements for visitation. You could, for example, ask in your petition that visitation with the Father be *exclusive* of his girlfriend - - for example, the former Mayor of New York City is not permitted to visit his children in the company of his poopsie.

There is good wisdom in the notion that more is to be gained, in the long run, by trying to be open-minded and cooperative about these things.

Or, put otherwise: Yes - in this day and age such separations and the gathering of new girlfriends {sometimes referred to among the 'better classes' as a "Trophy Wife", that is, the younger dame the hot_shot's 'earned'} is common, routine AND not the sort of thing that is going to earn the wandering husband any serious "demerits" in the eyes of the law.

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 4/20/02, 2:06 pm
Daniel Clement Law Offices of Daniel Clement

Re: child, his girlfriend, custody

Incident to an action for divorce, you can obtain an order limiting your child's contact with your husband's "friends."

Daniel Clement

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Answered on 4/21/02, 10:36 am


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