What is the name of your state (only U.S. law)? NY
I'd like to preface this by saying that I'm aware of the third party poster stigma, but I am looking to get some information regardless. My boyfriend is not sure when his next meeting with his attorney will be and said attorney hasn’t yet responded to his emails. Anyway, I've been trolling this forum as a guest for some time now and I haven't been able to find anything specific to New York on this topic. If there is something in the archives I missed, feel free to point me in that direction and disregard this.
Here is the situation, and forgive me if I leave anything out/add any unnecessary junk in- For about two years now, I've been in a long distance relationship with a man who has a young child. Up until about a year ago things were not great, but manageable between the parents. He and the child's mother had a 50/50 schedule with nothing arranged in court. His name was not on the birth certificate, no paternity was established.
Things became not so great with the mother and she began talking about reducing his time with their child. Since there was nothing legally established, she had every legal right to do so until he established paternity and petitioned for custody. And so he did.
As court does, its been going on for a couple of months now and our plans to move in together have been postponed indefinitely. Reason being that neither of us wants to risk upsetting the mother (at all really, but primarily) until an agreement is signed off by a judge, for fear that it will effect his time with their daughter. At this stage paternity has already been established, but the custody agreement still has not been signed.
My very longwinded (sorry) question is whether or not the mother would be able to legally prevent our cohabitation simply because she doesn’t like it. Before or after the agreement, actually. They were never married, and became parents at a young age. I ask because I remember reading in previous posts that there are some no-cohabitation-without-the-benefit-of-marriage clauses, but I really never understood whether or not they were exclusive to divorce agreements.
It’s not going to kill either of us to wait but we’ve both been commuting a very long way for a while now and we’re ready to be together.
Thank you for your help.
I'd like to preface this by saying that I'm aware of the third party poster stigma, but I am looking to get some information regardless. My boyfriend is not sure when his next meeting with his attorney will be and said attorney hasn’t yet responded to his emails. Anyway, I've been trolling this forum as a guest for some time now and I haven't been able to find anything specific to New York on this topic. If there is something in the archives I missed, feel free to point me in that direction and disregard this.
Here is the situation, and forgive me if I leave anything out/add any unnecessary junk in- For about two years now, I've been in a long distance relationship with a man who has a young child. Up until about a year ago things were not great, but manageable between the parents. He and the child's mother had a 50/50 schedule with nothing arranged in court. His name was not on the birth certificate, no paternity was established.
Things became not so great with the mother and she began talking about reducing his time with their child. Since there was nothing legally established, she had every legal right to do so until he established paternity and petitioned for custody. And so he did.
As court does, its been going on for a couple of months now and our plans to move in together have been postponed indefinitely. Reason being that neither of us wants to risk upsetting the mother (at all really, but primarily) until an agreement is signed off by a judge, for fear that it will effect his time with their daughter. At this stage paternity has already been established, but the custody agreement still has not been signed.
My very longwinded (sorry) question is whether or not the mother would be able to legally prevent our cohabitation simply because she doesn’t like it. Before or after the agreement, actually. They were never married, and became parents at a young age. I ask because I remember reading in previous posts that there are some no-cohabitation-without-the-benefit-of-marriage clauses, but I really never understood whether or not they were exclusive to divorce agreements.
It’s not going to kill either of us to wait but we’ve both been commuting a very long way for a while now and we’re ready to be together.
Thank you for your help.
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