How Anthony Weiner's Custody May Be Affected

On Wednesday, new — and worse — allegations against Anthony Weiner hit the news. The Daily Mail reported that the disgraced ex-congressman had reportedly been sexting with a 15-year-old girl. Weiner told the publication, "I have likely been the subject of a hoax," but also added, "I have no one to blame but me for putting myself in this position." Of the many questions surrounding these latest claims, a big one is whether Weiner will lose custody of Jordan, his son with Huma Abedin.

Abedin already announced she was separating from Weiner last month, as news of his latest sexting scandal broke in the news. The two have one child together: Jordan, who is four years old. He appeared to be next to Weiner in some of the sexts reported by The New York Post last month. Shortly thereafter, Weiner confirmed to The New York Times that the New York City Administration for Children’s Services had begun investigating him.

Although Abedin and Weiner have not been embroiled in any custody battles in the month since she announced the separation, the fact that Weiner has been investigated by Children's Services could give her a leg up in any dispute. The Washington Post spoke to a number of legal experts when last month's sexting scandal broke. NYU School of Law professor Martin Guggenheim wrote in an email that if Weiner and Abedin went to court over custody of their son, the concern of what was in the child's "best interest" would be the prime issue:

So, in a fight between Abedin and Weiner for custody of the child, Abedin would be able to highlight Weiner's sexting behavior if she wanted to defeat him in court. And it is almost certain that she would prevail in that fight.

However, the latest reports that Weiner was not just sexting, but doing so with a minor, raises further red flags in a custody battle. Although the allegations have have not been confirmed and the girl's father told The Daily Mail that they have no intention of pressing charges, that doesn't mean Weiner couldn't be arrested. And an arrest, and possible conviction, for inappropriate behavior with a minor would almost certainly influence a judge's assessment of whether said parent has the child's "best interest" in heart.

There's a lot currently up in the air for Weiner — and his custodial rights could potentially be one of them.