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    tom123456789's Avatar
    tom123456789 Posts: 1, Reputation: 1
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    #1

    Feb 27, 2013, 05:18 PM
    Can mother move into boyfriends house with children
    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's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    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's Avatar
    teacherjenn4 Posts: 4,005, Reputation: 468
    Education Expert
    		  
    #3

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    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.
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