Child custody is something that many divorced parents in New York have to decide on. But, as a recent case shows, many things can come into play when determining or altering a custody agreement.
Parental fitness came into question in a recent state appellate court decision. A former couple's dispute over child custody focused on a father's sexual habits and lifestyle. As a result, an appellate court judge overturned a lower court's ruling and awarded the primary mother custody of their two children.
The parents were divorced after a 17-year marriage. The wife told the court she discovered her husband's pornography habits after investigating the couple's personal computer and credit card histories.
Despite repeated promises to end the practice, the husband admitted to visiting adult porn sites. In addition, the wife filed for divorce after her spouse admitted to having a sexual liaison with a man he met on a website.
The husband told the appellate court that he used the Internet to set up meetings with a woman, a man, and a couple but denied ever having sex with them. The man stated that he felt he had done nothing wrong.
A judge declared the ex-husband's long-term "uncontrolled problem" with pornography and extramarital affairs influenced the man's role as a fit parent. As a result, the judge overturned a circuit court judge's decision to allow the man to have custody of his children, ages 7 and 12, at the time of their parent's divorce.
The appellate court said the circuit court had not considered that the mother had been the children's primary caregiver or that the father was sexually promiscuous.
In the appellate judge's final decision, he reprimanded the ex-husband for trying to deny or downplay his issues with pornography and random sexual relationships.
Source: knoxnews.com, "Court: Morristown dad denied custody over porn issues," Jamie Satterfield, Aug. 31, 2011
