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View Full Version : Can mother move into boyfriends house with children


tom123456789
Feb 27, 2013, 05:18 PM
My wife and I are not living to gather. Have not done a legal separation yet, only temp custody and child support. She now has custody. I just found out from the kids during a visit that they have moved out of her place and moved in with her boyfriend. I live in NY. I need to now if I have a say on the kids living with him. I an planning to begin the divorce soon and am planning on going for custody.

joypulv
Feb 27, 2013, 06:18 PM
No, you don't have a say, unless there is something provable about him that is damaging to their safety, such as drugs and a criminal record, and for that you would go back to court to present it, as well as tell your divorce lawyer.

teacherjenn4
Feb 27, 2013, 06:56 PM
I'm not sure of the NY laws, but in California, if the kiddos witnessed Mommy having sex with the boyfriend, that could cause a custody issue, besides the criminal past and drug use mentioned by joypulv above.

ScottGem
Feb 27, 2013, 07:18 PM
Apparently you have a legal separation. So yes she is free to move in with whoever she wants. However, in the divorce, you can bring this up as part of a custody hearing.