Christina Acevedo’s employment history and living arrangements may weaken her position. Her situation is similar to that of Noguera v. Noguera, 514 N.Y.S.2d 542 (1987). In that case, a mother relocated to New Jersey with her daughter, of whom she had custody. The child was enrolled in kindergarten classes in New York, so the mother returned the child to the father’s custody so the child could go to school. There was a disagreement about the length of this visit and the father sought and received custody of the child. In reaching its decision, the court in Noguera stated that the mother offered a less stable environment than the father. The mother “…often changed residence [and]…Her financial status at the time of the hearing was not secure…” 514 N.Y.S.2d 542 (1987). Christina’s situation is very similar. Christina has changed her residence multiple times and has been unable to keep the same job for more than three months until very recently. In contrast, Miguel has held the same job and has lived in the same residence since the separation. …show more content…
For example, Christina used to drink and abuse cocaine and heroin (although she has remained clean for about one year). According to American Jurisprudence, this factor could be important in determining custody. For example, 24A Am. Jur. 2d Divorce and Separation § 854 states “Evidence of a parent’s drug or alcohol use can be relevant to the child’s best interests, when determining child custody.” Christina’s history of substance abuse could weaken her position if New York State has adopted a similar provision to that of American