Legal Question in Family Law in New York
Obtaining custodial custody
My ex-husband currently has custodial custody of our three children and I pay child support. I will be purchasing a new home in the new future, likely with the man I am living with now. I will be in the same school district and the children will be able to stay with me as much as they like. My daughters have told me that they would like to live with us and ''visit'' their father. My ex currently has no employment and technically needs my support check to make ends meet. I am concerned that if I go back to court, my ex would bring up my boyfriend's not so pleasant past and affect my chances of obtaining custody of the girls. I am not concerned with receiving support support from my ex-husband, just stopping what I pay now. Does my ex have legal grounds to stop my daughters from living with me? Thank you.
1 Answer from Attorneys
Re: Obtaining custodial custody
You may at any time, and for "good cause" or substanial "change in circumstance," Petition for a change in primary custody or "residence" of your children.
However, your SPOUSE (and you should be married, NOT "living with") WILL be subject to the Court's scrutiny and should be a person of "good" character, if you expect the court to give your petition for custody change, serious consideration.
Good luck,
Phroska L. McAlister,ESQ
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