Can my ex-husband take me back to court for sole custod if my significant other was just recently arrested for DWI but he does not live in the household?

Currently, my ex-husband and I share custody of our 11 year old.

Asked on September 14, 2012 under Family Law, New York


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

You indicate that your signficant other was recently arrested for DUI/DWI, although he does not reside in your home.  First of all, your ex-husband could file for a change of custody if he believes he has evidence that you may be unfit or you are raising your children in an unhealthy environment.  Whether or not he could prevail would necessitate more facts.  For example, if your significant other is frequently intoxicated around your children, or if he engages in other harmful behavior around your children, your ex-husband's chances would improve.  You should consult with an experienced family attorney.  

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