Saturday, January 18, 2014

Does my ex-husband have the right to overnight visitation with our child while living with multiple roommates?

Q:  We have been legally separated for nearly three years and I have both legal and physical custody of our child and per our separation agreement visitation is arranged by me. He has not been particularly involved and more or less appears every four to six weeks and spends around 7 hours with our child. Every now and then the topic arises that he would like to have our child the entire weekend. However, he lives together with 6 other individuals and our child would not have an own room. Our child is 7 and I don't believe this is a suitable environment for a young child, especially considering that their relationship is not close and his involvement has been sporadic at best. Does he have right to overnight visitation in the state of NY considering his living situation?

A:  David's Answer:  It's not so much a "right" as it would be his request to the Judge if the two of you can't resolve the issue. The particulars of the bedding situation may be the difference, as well as how big the bedroom is, who these other people are (e.g., family, close friends, or mere tenants), etc. Schedule a consultation with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (

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