Legal Question in Family Law in New York

As part of my divorce decree I was awarded primary custody of our son who was 3 at the time. Shortly after I moved in with a boyfriend to start a new job and my ex who was/is very controlling and abusive went to court to have it changed that I could not live with someone else and my son until I married the person. We have been together ever since and were married on 12/31/12 (this went both ways - he isn't supposed to have my son stay at anyone elses house either -altough he did take my son on vacation with a girlfriend. Now that I am married how do I go about changing the visitation/custody so that I can have my son at my house. We live about an hour apart. I would eventually like to have primary custody back, but since my ex lives with his parents and his mother cares for our son after school I know it will be a tranistion for him. My ex constantly bribes my son with things. It's a very weird situation and I was told by many attorneys and judges that a supreme court judge could not impose his ethical beliefs on others. This has been a very rough time for me and having someone you have to be married in order to even have your child visit the home and stay overnight is absurde. There are many parents that aren't married or have seperated and have someone else in their life. My husband has had full custody of his 3 children for 12 years, has never been in trouble, has a business and provides for me and his family.


Asked on 1/14/13, 6:53 am

1 Answer from Attorneys
Jordan Trager Wisselman, Harounian & Associates, P.C.

The real issue is not your husband, it is the fact that your son has been living with his father for a period of time. The deciding factor by the court is the best interests of your son. It also sounds like an attorney would need to look at your settlement agreement and do a history of your son's living arrangements to get a fuller picture. I suggest you speak with and/or make an appointment with a family law attorney.

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Answered on 1/14/13, 8:34 am


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