Legal Question in Family Law in New York
During the one-year period following the filing of a legal separation agreement being filed in New York, can both parties sleep in the same house on occasion? Would parents occasionally switching residences for child visitation reasons create a problem? I am the wife and want to make sure I end up with primary physical custody in our house.
Asked on 3/06/10, 6:25 am
1 Answer from Attorneys
TRACEY BLOODSAW
LAW OFFICE OF TRACEY A. BLOODSAW
Technically an occasional overnight does not void the agreement, cohabitating does though. As for the child visitation, it is not clear what you are asking but for custody reasons where the child lives should not prevent you from prevailing as long as the other factors considered are not unfavorable.
Answered on 3/12/10, 7:11 am