Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I am in the middle of a custody battle with my controlling…

Customer Question
I am in the...

I am in the middle of a custody battle with my controlling and manipulative ex. He doesn't like that my new boyfriend stays over when my kids are with me. Can my boyfriends being here and sleeping over hurt my case? We are In New York State.

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes but she has not been available to consult with since my ex and I visited a family psychologist Friday. I felt trapped and agreed I would no longer have my boyfriend stay. My boyfriend just relocated here from out of town And now I am putting him out on the street.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My boyfriend and I have only been dating a few months and my ex sees that as part of the problem. Nothing else.

Submitted: 10 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
9/30/2017
Family Lawyer: RayAnswers, Lawyer replied 10 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,804
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Family Law Question
Customer reply replied 10 months ago
Thank you.
Family Lawyer: RayAnswers, Lawyer replied 10 months ago

Yes it can hurt you in a custody case with young kids.If he can stay elsewhere until this is resolved it would be better for you.Understand that it can effect here, judges vary on whether it does or not.You don't want to risk loosing the kids of child support as well.So at least try to look like he is not living there while all of this is going on.Until it is resolved is is potentially harmful to your case with young children involved.

I am so sorry you are having to deal with this.I hope you can resolve the matter.

I appreciate the chance to help you and prayers to you this can all be resolved.

Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 10 months ago

Reference

Best Interests of the Child

In all states, child custody and visitation issues are decided according to “the best interests of the child.” This means that the judge who hears the case will consider all evidence before deciding who will provide the better home. Although mothers are more often granted physical custody than are fathers, particularly for young children, there is no longer an automatic preference in favor of women. Today, many men win physical custody of their children.

Frequently asked questions about custody and visitation include:

• If I live with a man, can my children be taken from me?

• If my husband is an alcoholic (or a recently recovering alcoholic), will he be able to get custody of (or visitation with) the children?

• I was once arrested for possession of marijuana; does this mean I can’t get custody?

• My income comes from Social Security disability and other public programs, while my husband has a well-paying job. Does this mean he’ll get custody of the kids?

The answer to all of those questions is, “It depends.” The law doesn’t say that adultery, smoking marijuana, or even being involved in antisocial conduct means you can’t win, or will lose, custody. In addition, the fact that one parent’s income is much larger than the other’s isn’t necessarily a reason the court will use to award the more affluent parent custody. Many factors—not just whether or not you’re living with someone else—are related to what is in a child’s best interest. The court’s decision will normally favor the parent who will best maintain stability in the child’s life. The way each parent lives can be an important factor when a court decides custody issues. In any given case, the judge may consider one person’s lifestyle to be more in the best interest of the child than the other’s.

In a few states, a judge can use a parent’s cohabitation to deny custody. For example, an Arkansas court stated “a mother’s ongoing relationship was immoral, failed to set a proper example for the children, and resulted in harm to the children.” (Nix v. Nix, 706 S.W. 2d 403 (Ark. 1986).) Courts in a few other states have similarly disapproved of cohabitation and have forced a change in custody, especially where the children were aware of their custodial parents’ intimate conduct.

In general, however, the bot***** *****ne is that the judge, as a human being, will apply his or her own standards and prejudices when deciding which parent gets custody. Some judges don’t like unmarried persons living together, even though society no longer considers living together the “no-no” it was 30 years ago.

https://www.nolo.com/legal-encyclopedia/free-books/living-together-book/chapter8-3.html

Thanks again it was my pleasure to help you.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,804
48,804 Satisfied Customers
Experience: 30 years as a family law lawyer .

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I was wondering how difficult "move away" custody cases are
Hi, I was wondering how difficult "move away" custody cases are in New York. … read more
RayAnswers
RayAnswers
Lawyer
Doctoral Degree
48,804 satisfied customers
I have recently moved 100 miles from my ex boyfriend. We are
Hello. I have recently moved 100 miles from my ex boyfriend . We are still chatting and I am going to see him this weekend . I am 9 months pregnant. If we do not work out I do not want to stay in his … read more
LegalGems
LegalGems
Juris Doctorate
12,707 satisfied customers
I hope so. ive been divorced for ruoghly 3 months. ihave 2
i hope so. ive been divorced for ruoghly 3 months. ihave 2 kids 17 and 15. … read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I want to know how to approach the family court or if I
I want to know how to approach the family court or if I could file a lawsuit regarding the following situation: My sons father approached me and my boyfriend two years ago regarding making a transitio… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Joint physical and legal custody in NY state, 3 kids 8,10,
Joint physical and legal custody in NY state, 3 kids 8,10, 11. Custody order allows for mutual right of first refusal. Other parent is traveling out of state for work on a temporary basis. Her custody… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,932 satisfied customers
Joint physical and legal custody in NY state, 3 kids 8,10,
Joint physical and legal custody in NY state, 3 kids 8,10, 11. Custody order allows for mutual right of first refusal. Other parent is traveling out of state for work on a temporary basis. Her custody… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,454 satisfied customers
I was married to my wife on March 12 2015. She lives in
I was married to my wife on March 12 2015. She lives in California and I live in North Dakota. I was to move there upon retirement within a year or so. I recently visited her and found out that she ha… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
Good Morning, My name is***** boyfriend has a 9-Month
Good Morning, My name is***** boyfriend has a 9-Month baby with his ex girlfriend, he is willing to do everythin for his baby, but the lady won't allow him to do anything, unless he goes back with her… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
My brother and his wife divorced and they have joint custody
My brother and his wife divorced and they have joint custody of their 8 year old daughter. His ex-wife left 8 months after the divorce and moved out of state (from KY to KS) to take a job and to be cl… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
When my ex and I divorced, it was prolonged for about 3 years
When my ex and I divorced, it was prolonged for about 3 years of hell because there was a huge custody battle. We went through THREE custody evaluation. His lawyer, basically, operated from the premis… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I am currently in a custody dispute over my two teenage sons.
I am currently in a custody dispute over my two teenage sons. Their father and I were divorced in 2004, and for several years we have been practicing a shared custody arrangement. This changed this fa… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My wife has full custody of her 5-year-old daughter, with her
My wife has full custody of her 5-year-old daughter, with her ex-husband having visitation rights on weekends through a clause in an order of protection against him. Questions: 1. We live in New Jerse… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
My exhusband have full legal and physical custody of my 5 children.
WE filed for a TRO and it was granted. Ex husband was ordered to return the kids on Friday but he seems to be ignoring the order. In filing our TRO our attorney said that the judge usually doesn't sig… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
We share custody of two teenage girls in Florida, the girls
We share custody of two teenage girls in Florida, the girls spend 50% of their time in each house. The mother has initiated an out of state affair with a married family man from her past, her second s… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My sister is going through a nasty divorce and her soon to
My sister is going through a nasty divorce and her soon to be ex husband is claiming she endangered her children. She had a friend over helping her clean her garage which was until late hours of the e… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
Hi. I obtained a PPO against my ex for coming onto my property
Hi. I obtained a PPO against my ex for coming onto my property and harassing me and my new significant other. In revenge, he went and lied three pages long that my SO theatened him, that we are plotti… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
My child has Autism. He is 5. He is in a school district that
My child has Autism. He is 5. He is in a school district that has been helping him improve for 2 years now. My ex and here boyfriend have decided to move to the edge of the limits set by the court to … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My boyfriend of three years has a corruption of minors ...
My boyfriend of three years has a corruption of minors charge on his record from 5 years ago. He is almost done with his probation and has had no problems. He is fully employed and otherwise good citi… read more
Family Expert
Family Expert
Doctoral Degree
702 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x