Legal Question in Family Law in New York

Re: visitation under a divorce decree

Parents living in homeless shelters can and often do have full custody of their children.

So, in most cases, absent a Non Custodial parent's living environment, being deemed by a Court, as unsafe or unhealthy for children to VISIT, a Court is unlikely to modify visitation arrangements, merely on grounds that the Non Custodial parent frequently changes residence and lives with "strangers."

Good luck,

Good luck,

Re: visitation under a divorce decree

Absolutely not. One major condition of any visitation is that the noncustodial parent has a suitable and stable environment for the children to visit and sleepover. You can certainly petition the court for modification of the order based on those change in circumstances. You can visit my website for a free consultation at www.traceyabloodsaw.com

Re: visitation under a divorce decree

You have raised serious questions which have no right or wrong answer. The issues would have to be decided by a court which would look at it from a "best interest of the child" standpoint.

On your side are the arguments you have posited,

On the Father's side, there are the issue of his ability to care and protect his children and the need for them to have him in their lives.

Another issue may be the age of your children.

If they were moving into Gracie mansion, the issue would be clearer than if they are moving into a tenement in the projects where there are drug dealers and killers.

See a lawyer and file for a visitation modification. Speak to the father. Can he afford to get to an apartment if you agree to forego a few support payments? Can you afford that? Is his new family eligible for some type of government program? Social workers at the family court can possibly help and will be more willing if there is a lawyer involved.

You seem like a concerned parent who is willing to put the needs of her children first, keep them uppermost in your goals and the answers should come.

Good Luck.