Legal Question in Family Law in New York
I'm in the middle of a custody battle. I was never married to the father. After we separated a few months later he had a girlfriend move in with him. The father currently has our son Mon-Fri, while I get every weekend. Can the situation with the father living out of wedlock have an effect on the custody decision? We also had our son out of wedlock.
1 Answer from Attorneys
Maybe. However, there are not enough facts set forth in your questions to give a proper answer.
The Court looks toward the best interest of the child. Presently, the father has custody of the children and - based on your question - there have been no incidents. Therefore, the Court may not change the circumstance. However, if the girlfriend causes an issue where the best interest of the children are affected, the Court may change the custody arrangements. Simply because the father has a girlfriend is not reason enough to change custody.
Mike.
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