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Can I take my son to my boyfriend's home if he's not there?

Can I take my son to my boyfriend's home if he's not there?

Full question:

Child Custody/Visitation matter: It was temporarily ordered that my son have no contact whatsoever with my boyfriend, and further that i reside with a friend when my son is with me until next hearing. My Xhusband was temporarily ordered resident custody. Both my son and i resided with my boyfriend prior to this matter, for a year. It is my boyfriends home and i live at my home when my son is not with me while ordered to live at a friends when my son is with me. All of our belongings are at our home. If my boyfriend is NOT at the home, and i want to take my son there to play with his toys, see his dog, etc am i infracting on this order? or is it ok as long as boyfriend is not anywhere near our home or in contact with my son.

Category: Divorce
Subcategory: Visitation
Date: 04/07/2025
State: New York

Answer:

The answer will depend on the wording of the order. The intent seems to be to prevent any contact between your child and your boyfriend. Taking your son to your boyfriend's house is risky, as you would need to prove that your boyfriend is not there to avoid violating the order. We recommend seeking clarification from the court if it’s unclear whether the order prohibits visits to the boyfriend's home in his absence. If you act independently and are found in violation of the order, it could negatively impact your case.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What hurts you in a custody battle?

In a custody battle, several factors can hurt your case. These include failing to comply with court orders, any evidence of substance abuse, or demonstrating unstable living conditions. Poor communication with your co-parent can also negatively impact your situation. Additionally, any actions that may be perceived as putting your child's welfare at risk can harm your position in court.

What do judges look at when deciding a case?

Judges consider various factors when deciding custody cases, including the child's best interests, the parents' living situations, and each parent's ability to provide for the child's needs. They also look at the child's relationship with each parent and any history of abuse or neglect. Ultimately, the goal is to ensure a stable and nurturing environment for the child.

What not to say in child support court?

In child support court, avoid making negative comments about the other parent, as this can reflect poorly on you. Do not exaggerate your financial situation or hide income, as this can lead to legal consequences. It's also important to refrain from discussing personal matters unrelated to child support, as they may distract from the case's focus.

How does custody work with a no contact order?

When a no contact order is in place, it typically prohibits any interaction between the child and the person named in the order. This means that the custodial parent must ensure that the child does not have contact with that individual. Violating the order can lead to legal repercussions, including impacting custody arrangements. Always consult with an attorney for specific guidance.

What looks bad in a custody case?

Factors that can look bad in a custody case include any history of domestic violence, substance abuse, or criminal behavior. Additionally, failing to follow court orders or showing a lack of cooperation with the other parent can negatively affect your case. Inconsistent parenting practices or instability in your living situation can also raise concerns for the court.

Why would a judge deny a temporary custody order?

A judge may deny a temporary custody order if there is insufficient evidence to support the request or if it does not align with the child's best interests. Factors such as a lack of stability, potential harm to the child, or failure to demonstrate a significant change in circumstances can also lead to a denial. The judge must prioritize the child's welfare in all decisions.

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