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Can my soon to be ex-wife keep me from bringing my children around my girlfriend?

Sayville, NY |

I currently live with my girlfriend. my soon to be ex says I can not have my kids at the house or bring my girlfriend around them. I brought them to the house 2 times and got a letter from her attorney saying to stop immediately or they will file a motion. are there any laws stating I can not bring them to my residence?

Attorney Answers 4

  1. The judge/magistrate will determine if house visits are necessary, your girlfriend's presence is detrimental to your relationship with the children, and whether or not custody and/or more liberal visitation for you is in the best interest of the child.

  2. Generally, the custodial parent cannot dictate whether the NCP can have a bf or gf present at their home during visitation, unless the presence of that person is somehow not in the best interests of the child for real documented reasons, such as drug use, abuse, neglect, DV issues, sex offender registry, protective orders, Child Protective Services involvement, etc.

    An attempt of an ex to simply frustrate the normal social relationships of an adult based on the child custody jurisdiction and obvious spite or ill will is not going to be warmly received, although it is the underlying source of many custody/support/visitation petitions to simply retaliate against a former spouse or lover based on the only things left to argue about in court: the children.

    Character witnesses for the girlfriend might be useful, especially if she is an "upstanding citizen" with an education, job, etc. and "clean record", in terms of her effect on the children during visitation.

    Hiring your own lawyer to deal with your ex's and her lawyer's bullying tactics might be a good idea as well.

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  3. You should speak to your attorney about this. if you don't have one, you should definitely at least consult with one, particularly since your wife is represented. More information would be needed to adequately advise you. How long have you been physically separated? How long has the divorce been pending? How old are the children? Is this the first time they've met your girlfriend? Is there a Judge assigned to your case and if so, who? Is there an attorney for the children, and if so, who? All of these things need to be considered. That being said, as a Suffolk County matrimonial attorney, I can readily state that such motions are typically granted. Get counsel.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. You should not rely upon free legal advice and I disclaim any liability for the results if you do.

  4. YES. The Judges in Suffolk County will, upon request, restrict your visits so that your girlfriend will not be present. Of course, once you are divorced you will be free to have your girlfriend on your visits. You really need to go over these things with an attorney.
    Howard E. Knispel, Esq.
    Commack, NY

    The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589

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