Q: my soon to be ex wife has let a multiple time felon move in before divorce is over. can i get custody of my children
boyfriend is on probation currently for 2 felonies. has a very extensive history of drug and alcohol charges, arson, burglary, theft, owi's. most recent charges almost 1 year ago. im concerned for my children. can i get full custody of them, or what is my best process? can i file to not have him around my children?
Divorce process already started with temporary orders already in place. Temp orders the judge got information incorrect and awarded joint legal with primary physical to her. Should have been to me as I remained in the home in the school district where she did not. He thought she stayed in the house
A: Do you currently have an attorney for the ongoing divorce? Or has this divorce process not yet started? If you have not retained an attorney or started the divorce process, I advise seeking one ASAP and having them file for divorce. From there, after some administrative hoops are jumped through and your ex-to-be has been served notice of the divorce proceedings, your attorney can ask the court for a hearing on temporary matters -- your fear for your children's safety around this new boyfriend of your ex-to-be could bode well for you in regards to acquiring custody in the temporary matters hearing. There are many factors the Court will consider in making these determinations. It is absolutely possible for you to get custody, as the Court will do its best to decide what is in the best interest of the children.
As for keeping the new boyfriend away from your children, if and when they are with your ex-to-be, this would be more difficult unless he has put them in harm's way or unless the Court finds that he is unfit to be around the children. Again, I would advise contacting an attorney ASAP as these are issues that family law attorneys deal with regularly.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.