Varina, IA asked in Child Custody, Divorce and Family Law for Iowa

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

1 Lawyer Answer
Austin J Luse
Austin J Luse
  • Des Moines, IA
  • Licensed in Iowa

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.

M. John Riley agrees with this answer

1 user found this answer helpful

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