David Bliven’s answer: On the facts you've presented, it would seem to be a difficult argument for her to make for the court to restrict visitation. Are there prior orders of custody/visitation? To where did she move (and was the move permission in the prior orders, if there were any)?
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
Thursday, September 27, 2012
Can my boyfriend's soon to be ex-wife file a petition for her kids to stay away from my kids?
Q: Both my boyfriend and I have 2 wonderful kids each - the same ages between 6 and 9. He and I have been together for 7 months and plan to stay that way. Our relationship its loving and our kids love being together and even beg us to get married. His soon-to-be ex wife is full of spite and is threatening to get a court order to prevent their kids from being around mine because my son has a physical disability. She says it is "dangerous" which is untrue and quite bigoted. My son literally has muscle weakness and a normal kids otherwise. His ex also recently moved over an hour away and now wants to use the interaction of our children (which is totally normal and fun) as a reason to take the kids away from him permanently. I am very concerned because all of our children are so happy together.
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