Q: Does my ex-husband have grounds to file for a modification to our existing custody arrangement based upon who I date?
I have been divorced for a little over 2 years and have both primary physical and legal custody of both of our children. The man I am seeing has a violent felony on his record for an altercation he had 4 years ago. His case paperwork states that he admittedly "utilized excessive physical force to defend himself". Due to a temporary order, he was unable to have visitation with his own child until he had gone before a judge for the charges and was told that could take upwards of two years. After 8 months, he decided to take the plea deal offered to him which was to plead guilty under the GA First Offenders Act (because he had no prior charges) and to serve 5 years on probation. He has served 4 years currently and has had no other legal infractions of any kind. If my children's father were to find out that he is a convicted felon, would that give him grounds to attempt to change their primary custody from myself to him?
A: Your ex has a right to file for a modification based upon anything that may affect the children. He probably feels that having a violent man around his children is not the best idea. However, a judge might not find that is enough grounds to change custody. It also matters whether or not you are living with the boyfriend or just dating him.
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