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.
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.
This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".
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. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.
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.
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
Sign up to receive a 3-part series of useful information and advice about child custody law.