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  1. #1
    Join Date
    Jan 2018
    Posts
    266

    Default Seeking Modification of Custody Based on the Other Parent's Gay Marriage

    My question involves a child custody case from the State of: New York

    Hello everyone. Im a father of a six yrs old being raised by lesbians my ex wife married and had a child with a woman and my son calls her “mom” since he was three years old. We got back together twice but we didn’t last two month. Unfortunately in one occasion there was domestic violence on my part because she only got back with me when she separated fom her and than got back together

    Well now she being married for a year and six months with her and had a child and my son is being raise on a homosexual environment. Im seeking to modify custody to get full custody of my son based on this. I did some research and heterosexual parents usually wins.

    I dont pay child support because im seeking full custody but I had to pay because the court cancelled my driver license which is not fair

    I understand she’s paying all of his expenses and private school but he is my son. I understand I had the opportunity to be close to him and ended in domestic violence but it was bc she used me.

    Mom says I manipulate him because i said shes not mom (stepmom)and shes not his family. Hence, mom doesnt even speak to me I had to speak with stepmom who I tried to alert her how bad of a person her wife was and she defended her by saying to only focus on my son and I just stopped conversation.

    That was a year ago and I havent see him in a year and had not communicated because im not going to comunnicate with stepmom.

    I want full custody and need advise thanks

  2. #2
    Join Date
    Jul 2010
    Posts
    7,816

    Default Re: Petitionig Full Custody of My Son - Im Back

    A heterosexual parent isn't going to win full custody just because the child is living in a home with same-sex parents. Maybe 20 years ago but unlikely today, especially in NY.

    You don't get to stop paying the support just because you are seeking a modification for the custody order.

    Your ex's new spouse gave you good advice and was right to stop talking to you. You should be focusing on your child and not bad mouthing the ex.

    You need an attorney if you want to even put up a decent fight. In all honesty, you will probably lose and that's probably best for the child based on your posting history here.

  3. #3
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Custody

    Yu're not getting sole custody because you don't like that your wife is in a homosexual relationship. Also you have a history of domestic violence...that is not good to have. Please don't blame her for you using violence. It's your fault. No one else's. YOU hurt her.

    I don't know what research you found but it has to be outdated. You need to deal with the fact your ex is in a new relationship and move on.

  4. #4
    Join Date
    Jan 2018
    Posts
    266

    Default Re: Custody

    Another important factor is step mom wants to adopt my child im refusing this 100%. She cannot adopt right?

    And the mother doesn't work. Step mom does. Another win factor for me

  5. #5
    Join Date
    Jul 2010
    Posts
    7,816

    Default Re: Custody

    Her not working is not a win for you. It's a win for her. If she's not working, that means she can be there for the child 100% of the time.

    I hope you are banking all that child support you aren't paying so that you have it to give her when the court tells you to.

  6. #6
    Join Date
    Jan 2018
    Posts
    266

    Default Re: Custody

    But If I dont agree stepmom cannot do adoption

  7. #7
    Join Date
    Jul 2010
    Posts
    7,816

    Default Re: Custody

    Quote Quoting Mtxpro123
    View Post
    But If I dont agree stepmom cannot do adoption
    Unless your parental rights are terminated. Given your behavior, it's a long shot but they could still try. Keep up your current behavior and you're just making their case for them.

  8. #8
    Join Date
    Jan 2018
    Posts
    266

    Default Re: Custody

    Quote Quoting free9man
    View Post
    Unless your parental rights are terminated. Given your behavior, it's a long shot but they could still try. Keep up your current behavior and you're just making their case for them.
    What behavior? I have a yr that I dont speak with my son because mom decided that I should communicate with step mom?

    Im not paying child support because im seeking full custody.

    Tney want my parental rights terminated in order for stepmom to adopt him

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Custody

    Quote Quoting Mtxpro123
    View Post
    What behavior? I have a yr that I dont speak with my son because mom decided that I should communicate with step mom?
    If you did not communicate with your child for a year, and did nothing to enforce the order during that time, you need to take responsibility for your own inaction. If mom is actually obstructing contact, you can go to court to enforce the visitation order.
    Quote Quoting Mtxpro123
    Im not paying child support because im seeking full custody.
    You are required to pay child support unless and until the order is modified by the court. Your failure to pay child support reflects badly on you, period, end of story.
    Quote Quoting Mtxpro123
    They want my parental rights terminated in order for stepmom to adopt him
    If you agree to stepparent adoption, completion of the adoption process will end your obligation to pay child support.

    You have had no contact with the child for a year, and you are refusing to provide your child with any financial support? Your odds of getting primary custody based on the facts that you have shared to date are only marginally better than zero percent.

  10. #10
    Join Date
    Jan 2018
    Posts
    266

    Default Re: Custody

    Quote Quoting Mr. Knowitall
    View Post
    If you did not communicate with your child for a year, and did nothing to enforce the order during that time, you need to take responsibility for your own inaction. If mom is actually obstructing contact, you can go to court to enforce the visitation order.

    You are required to pay child support unless and until the order is modified by the court. Your failure to pay child support reflects badly on you, period, end of story.

    If you agree to stepparent adoption, completion of the adoption process will end your obligation to pay child support.

    You have had no contact with the child for a year, and you are refusing to provide your child with any financial support? Your odds of getting primary custody based on the facts that you have shared to date are only marginally better than zero percent.

    ThAnks. Thats my point. She did provided me with a number to call him but is her wife number. Im suppose to communicate with the mother not wife.

    I wanted to visit my son at his house and they refuse.

    I will never agree to a step parent adoption

    Im not paying because im tired of them
    Setting me rules on how things should be done. Hes my son not step mom son

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