Legal Question in Family Law in New York
I was unfaithful from the beginning of our marriage, including activity with prostitutes and adult bookstores. We have a 1 year child, and my wife will be serving me papers soon. We are not legally separated, and I have started a relationship with another woman. I am mainly concerned about my right to see my daughter. I have seen a therapist for Sexual Addiction and was abused as a child, my wife is concerned that I would abuse my daughter. However I never would and have never had any type of behavior indicating so. What are my rights to custosy and visitation?
1 Answer from Attorneys
There is a presumption that you will be awarded visitation with your daughter. The burden of proof is on your wife (a heavy burden) to show that you are unfit have visitation with your daughter and to do otherwise would be a danger to your daughter.
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