Legal Question in Family Law in New York

Custody Mod. Petition and OOP

I have a current custody modification petition in Family Court. My 9 yr old son wants to live with his father. I have just had an OOP as well as DVI against my fiancee who lives in the home as well. What are the chances that this will allow my ex to gain custody of my son if I drop the OOP against the fiancee?


Asked on 10/10/07, 2:25 am

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Custody Mod. Petition and OOP

If there is DV in your home there is a very good chance you can lose custody.

Any incidents of DV in earshot of the child can be considered endangering the welfare of the child.

You will have to choose between your child or your fiance.One of them should leave your house. Should be a no brainer.

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Answered on 10/12/07, 10:59 pm


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