Legal Question in Family Law in New York
Custody
My sister and her husband recently spilt up due to infidelity on his part. They are not legally seperated nor divorced. She has recently had her new boyfriend spending the night at her house, in her room, with the children present. The children (9 and 10 yrs.) told their father and he is now trying to use it against her. Is she risking custody of her children by allowing her boyfriend to spend the night, and for doing so without a legal seperation or divorce?
3 Answers from Attorneys
Re: Custody
Yes.
The Court can consider ALL aspects of a parents' living circumstances and conduct in assessing the "best interests" of the children.
GOOD LUCK,
PHROSKA L. McALISTER, ESQ
Re: Custody
While this is not helpful to her gaining legal custody, the wife still has many built-in advantages.
I would ask if the children have a separate bedroom? Your question does not make this point clear. If they do not, then sleeping with a man in the presence of the children would threaten her custody. Otherwise, it is only one minor factor for the court to consider.
More important is the character of this boyfriend. Is he a man of 'good character'? Is he drunk or unruly in the presence of the children?
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Re: Custody
I'd say so, yes.
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