Thursday, September 27, 2012
Can my boyfriend's soon to be ex-wife file a petition for her kids to stay away from my kids?
Q: Both my boyfriend and I have 2 wonderful kids each - the same ages between 6 and 9. He and I have been together for 7 months and plan to stay that way. Our relationship its loving and our kids love being together and even beg us to get married. His soon-to-be ex wife is full of spite and is threatening to get a court order to prevent their kids from being around mine because my son has a physical disability. She says it is "dangerous" which is untrue and quite bigoted. My son literally has muscle weakness and a normal kids otherwise. His ex also recently moved over an hour away and now wants to use the interaction of our children (which is totally normal and fun) as a reason to take the kids away from him permanently. I am very concerned because all of our children are so happy together.
David Bliven’s answer: On the facts you've presented, it would seem to be a difficult argument for her to make for the court to restrict visitation. Are there prior orders of custody/visitation? To where did she move (and was the move permission in the prior orders, if there were any)?