Legal Question in Family Law in New York

The introduction of a new partner to a child of your daughter's age could be potentially traumatic, and the courts treat such interactions delicately. To this extent, the court (in your case, the Suffolk Supreme Court if your divorce already commenced) would have to consider the details of your relationship (such as the relationship length, your daughter's exposure to your girlfriend already and even your girlfriend's background) prior to making any decision with regard to overnight visitation.

In general, the court will act to limit your daughter's exposure to your girlfriend, allowing you to expose your daughter to your girlfriend gradually over time, as your daughter is young. The court believes that being a child of divorce is stressful enough without being forced to meet her mother's / father's new partner.

In short, the answer to your question is YES, the court may decide that overnight visits are not proper at this time, however, like most answers IT DEPENDS upon the facts of your case. A more detailed analysis of your divorce and circumstances are warranted.

I recommend that you consult with an attorney. If you would like to speak further, you may call our office or speak with any local family / divorce attorney on this site.

I do not necessarily agree with Mr. Alarcon's decision.

The Court determines visitation and custody in light of the best interest of the child. In my experience the facts in each case is different and it is hard to determine from your question whether overnight visitation would be denied. For example, does your daughter know and get along with the girlfriend? Does the girlfriend maintain a separate residence? What are the living arrangements? These are important considerations when determining the best interest of the child.

Mike.