Legal Question in Family Law in New York
custody and friendships
i have two questions that are some what related, i am in the middle of what seems to be a lengthy divorce proceeding, i have met a beautiful woman that has enlightened my life however it was recently brought to my attention by her that my soon to be ex could have it put in the divorce papers that i am not allowed to ever have my children around her or any other woman for that matter. is this true? it was also mentioned that it could be a condition of the divorce that i not be allowed to remarry? are these allegations true? if so how is it that my ex can control who i have my children around without having to prove a reason that they shouldnt be around them?
any help you can provide would be greatly appreciated
2 Answers from Attorneys
Re: custody and friendships
You should WAIT until your divorce is FINAL, before "publishing" your "relationship" with another, to the world.
You should not attempt to include your "friend" in your relationship with your children, in any way, before you are entirely disentangled from your spouse, ... And, then unless you are married to the person, your children should NOT be encouraged to develop a close or intimate personal relationship with anyone, that you may be "dating."
Of course, these ideas, may sound old fashioned. However, adhere to them; and you might limit damage to the children and drama with your EX.
You cannot be ordered per NYS law not to remarry. That would be against public policy.
But,certain religions require "religious" persmission to divorce and remarry, that NY State law recognizes, via the "Affidavit Against Barriers" Statement, required in the divorce elocution, or documents.
Good luck,
Phroska L. McAlister,ESQ
Re: custody and friendships
Unless there is a health, safety, welfare issue your ex has little say as to whether a significant person can be around your children, certainly if that significant other is a spouse. There may be other issues involved if you are not married to the significant person and the custodial parent may have more say over your children's interaction with such a person if you are not married to this person, especially if you are living with this person while unmarried and the children are visiting in the home.
Your spouse cannot enforce a provision preventing you from ever remarrying.
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