Legal Question in Family Law in New York
I am in the process of divorce. I left my wife for another woman. My ex now wants to prevent my from having my 7 year old daughter at my new residence because I am living with this woman. She is a good person and not a danger by any means to my daughter. She has no basis to keep my daughter from overnight visits with me except for the fact that I am in a relationship with someone else. Can she do this??
2 Answers from Attorneys
The court looks to the best interest of the child in making a determination concerning custody and visitation. The presumption is that the child should have a meaningful relationship with both the mother and father.
If the mother refuses to allow you visitation becuase of the other woman, you may petition the Family Court for visitation. The burden would be on the mother to demonstrate that it is not in the best interest of the children to be subject to the "other woman".
Mike.
Also, keep in mind that the Court is concerned about the mental / emotional consequences that may occur if your daughter is introduced to your girlfriend "too early". If you are divorcing, you and your wife may come to an agreement with regard to the child's 'introduction' to new girlfriends / boyfriends. These provisions can easily be put in a written Stipulation of Settlement.
I suggest that you hire an attorney to assist you with this issue. If you wish to speak further, you may call me at 631-724-5251.
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