What happens to child custody when your former spouse moves in with someone new?

On Behalf of | Sep 15, 2020 | Child Custody

Common causes of changes to child custody orders include moving in with a new partner or to a new place. If you learn that your former spouse is in with someone new, you likely wonder how this affects your child custody arrangements.

Legal issues arise when this major life change occurs close to the time of your initial custody agreement.

Former spouse stays in state

Courts put the best interest of the children first and will consider any and all information to make this determination. You must show that the new living arrangements adversely affect the children. Factors to consider when thinking about your ex’s new partner include the safety, health and welfare of your children.

A court will intervene if this new person if he or she demonstrated any violent or inappropriate behavior towards your children or has a criminal record. It is unlikely a court will adjust custody arrangements too drastically unless glaring issues exist.

Former spouse moves out-of-state

If your former spouse moves in with someone new to a different state in which he or she previously resided, additional issues arise. The Parental Kidnapping Prevention Act is a federal law that provides protections for parents and children victimized by kidnapping.

New York law outlines parental kidnapping under its kidnapping statutes. If a parent intentionally removes children less than sixteen years old from the jurisdiction of the court granting the order without consent of the other parent, he or she may face kidnapping charges.

Overall, involving the new partner should only happen once the relationship becomes long-term and stable enough to trust the person as a part of your children’s lives.