Fresno, CA asked in Family Law for California

Q: Hello, i have a concern i am legally married and have not been living with her for 2 years already had 2 kids with her

Hello, i have a concern i am legally married and have not been living with her for 2 years already had 2 kids with her and i recently started dating someone and my ex found out and will not let me see my kids but i am legally paying child support. is me dating someone while still married a bad thing in my odds?

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2 Lawyer Answers

A: No. Your dating someone else should not be relevant to your visitation rights unless the person you are dating poses a threat to the health, safety, or welfare of the children. You say you are "legally" paying child support. Do you also have custody orders?

Joseph Torri agrees with this answer

A: Dating someone else while married is irrelevant in California and it is not bad that you're doing that. It doesn't sound like your significant other is problematic, etc. since you probably would have mentioned that in your posting. You may need to file a request for order for child custody and visitation to obtain orders enforcing your right to see your children. Consult with a local family lawyer for the next steps.

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