Yonkers, NY asked in Divorce, Family Law and Child Custody for New York

Q: Can my girlfriends ex husband prevent me from being around her kids during her time with the kids. ?

My girlfriend and her ex husband, have 50/50 custody of their children. We were living together for a few years. We broke up a year ago, but have been trying on and off to work it out, and now we are fully ready to move forward. we broke due to me sometimes yelling at my gf, almost never in front of the kids. One time I said to her son “mommy and I are going to break up”. Since then I have worked extensively on myself, to make sure nothing like that ever happens again. Other than that incident, I have always an amazing relationship with her kids. Her ex husband has even asked me in the past to help with parental duties. I never drink in front of them, I do not do drugs, I have never been arrested, have never been sexually or physically abusive with them, yet now that we are trying to work it out, he is trying to threaten legal action if I am reintroduced into the children’s lives. Does he have any legal right? Their custody agreement states nothing about whom the other can date.

1 Lawyer Answer
Howard E. Knispel
Howard E. Knispel
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: Who has residential custody? There should be no restriction on who sees the children absent an order to the contrary as long as it is with the parent present. If there is a schedule of visitation and he denies it, you can file a violation petition. Your ex would have to demonstrate why you are not fit to be around the children. But this al;l hinges on the wording in the custody order. Talk to a lawyer.

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