Meridian, ID asked in Family Law for Idaho

Q: How much does my ex husband girlfriend have rights over our children if he leaves the state longer then 6 months

My ex husband and I have 50/50 but for the past 2 years I have had our kids full time. where he only see them every other weekend. For the past 4 year he as not been following the parenting plan, has been putting the children in the middle and talking bad about me in front the children. I have months and months of verbal abuse text messages from him, He has been dating his girlfriend for over 3 months. Every year I get the kids for mothers day. No matter the day it falls on. His girlfriend had the nerve to ask for them to see the kids while I have the kids this weekend. He ended up coming over and taking the kids over night. As well his girlfriend asked me if he leaves the state next month if she could have the kids over the weekends and over night without him here. In our divorce it states if a parent leaves the state the children will go to the other parent. who is me. I am verbally abused everyday and he is not very nice to the children. I want what is best for my children

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: Your ex-husband is obviously a jerk and you're lucky to be free of him. His girl friend is also less than a lady. She has absolutely NO PARENTAL RIGHTS WHATSOEVER to those kids, period. You have NO obligation to let her have them on "his time," and no Magistrate will ever hold you in contempt for failing to let some stranger watch your children on HIS time rather than let you have the kids in that situation. Remember that as long as nobody complains about not adhering to the Divorce Decree then there is no foul. However, if a judge ever hears about that ways that you and your ex-husband have been failing to adhere to the Decree then you're likely to get a modification that neither you nor your ex husband likes.

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