While many couples are able to remain civil for the sake of their children, it can be upsetting to learn that your spouse is in a new relationship following the finalization of your divorce. As such, you may wonder if a new relationship, whether your ex-spouse’s or your own, will impact custody of your children. If this reflects your concerns, the following blog explores what you should know about these matters, including the importance of working with experienced Long Island child custody lawyers to help you with any questions or concerns you may have.
How Is Custody Determined in New York?
It’s important to understand that, in New York, child custody is not a matter taken lightly. In the event the parents are unable to compromise on a custody arrangement, New York, like all states, adheres to what’s known as the child’s best interest standard. Essentially, this means that the court will prioritize the best possible outcome for the child above all else, including the wants and wishes of the parent and even the desires of the child if it contradicts what is best for them. As such, the courts will take the following matters into consideration when determining child custody:
- The age and health of each parent
- Who the child’s primary caretaker was prior to the divorce
- The job demands of each parent
- Where each parent lives in relation to one another
- Where each parent lives in relation to the child’s school, extracurriculars, and community
- If there are any allegations of substance abuse agaisnt either parent
- If there are any allegations of child abuse or neglect
- The ability of each parent to work with the other
- The ability of each parent to provide a safe and stable home
Will a New Relationship Impact This Matter?
In general, a new relationship will not impact custody matters. However, there are certain circumstances that can lead to a modification. For example, if the new relationship is considerably disruptive to the child, the new partner has a concerning criminal history and poses a threat to the child, or the parent begins prioritizing their relationship over the care of their child, the other parent may petition the court.
It’s important to understand that the courts will examine the situation to determine the best possible outcome. If the court agrees that the new relationship has impacted a parent’s ability to care for their child, they may modify the custody arrangement to help ensure the child’s best interest is prioritized.
In some instances, the court may determine to modify the plan to reduce the number of overnight visits and include a stipulation that the new partner is not around the child during these visits. In other instances, if the impact of the partner is significant, the court can rescind custody and grant the other parent full custody, while allowing the parent in a new relationship supervised visitation.
As you can see, these matters can be incredibly complicated to navigate. If you have concerns regarding your child’s health and well-being when in the care of your spouse and their new partner, the team at the Sklavos Law Firm can help you navigate these difficult times. We understand how overwhelming these issues can be, which is why we are ready to fight for the best possible outcome for you and your child. Contact us today to learn how we can represent you.