Child Custody-Significant Other’s Background Check and home Evaluation

My Son’s Mother admitted she stays at her new boyfriends house with my Son, even going as far as to say my son sleep on his bed! We have started a Custody battle; can I request to have a drug and background check of her new boyfriend and all parties who reside in his house? As well as a home evaluation?... I don’t know who this guy is and at times my son’s mother does not tell me who my son stays with when not with her.

New York, NY -

Attorney Answers (2)

David Ivan Bliven

David Ivan Bliven

Child Custody Lawyer - White Plains, NY

Well, when you say "stays," does this mean she lives there, or just visits occasionally? The Court will generally only order such "background" checks of people who have significant caretaking responsibilities with the child. Moreover, the Court will not generally order drug testing unless there's an allegation of prior drug use. In any event, you're encouraged to schedule a consultation with a NYC Child Custody lawyer.

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Jayson Lutzky

Jayson Lutzky

Child Custody Lawyer - Bronx, NY

If there is an issue of drug usage, then a request is appropriate. If it is just a desire to know, them it is not appropriate. Consult with a local family law attorney. Custody cases are difficult to handke on a pro se basis.

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