Can my ex prevent my child from being around my new boyfriend? 11 Answers as of February 27, 2011

My ex has threatened to take full custody of my son because the person that I am currently seeing has a felony drug charge. That was six years ago and my boyfriend has not been in any trouble since. My ex allowed this person to be around my son for six months, loaned him money, would have him help him at work, and even left my son with him and his at the time girlfirend while I was at work. He was also invited into the homes of my ex mother in law and ex sister in law. Now that me and my ex husband are not together and a relationship has formed between me and this "felon," it is completely unacceptable by my ex and his family that this person be around my son. Is it possible that a judge would rule in favor of my ex husband and grant him custody of my child?

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William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No not as long as he is not sleeping in the house with you when the son is present.
Answer Applies to: Tennessee
Replied: 2/27/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
The court will look at the best interest of the child. From the information you provided, it does not appear that your "felon" is any danger to your child, and it does not appear that your "ex" truly thinks so either. This sounds like a jealousy ruse. However, I do not know all the facts, so I cannot give you an opinion on your specific case. I am available to discuss any specific case to learn ALL the details to form a legal opinion.
Answer Applies to: California
Replied: 2/27/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
The primary consideration for every Judge is "what is in the best interest of the child?" The Judge will evaluate all of the factors you mentioned in your question and if he/she feels that it would be best for the child to not be in that person's company, then that could have an adverse effect upon you retaining sole custody. However, as a general rule, unless your former spouse can prove that something inappropriate has happened between that person and your child, its unlikely that he will gain full custody of the child. It normally would have to be a pretty significant event or a result to prove that you should lose custody when you have otherwise done a good job as a parent. Speak to a local attorney about this matter for further information about specifics. Good luck.
Answer Applies to: New York
Replied: 2/25/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
While it will always depend upon the specific circumstances, the court will not punish you or your boyfriend if the last behavior was that remote in time and nothing has happened since then. Please contact us if you wish to discuss further; we have a free initial consultation. Good luck.
Answer Applies to: Connecticut
Replied: 2/27/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
From what you state, it sounds like your boyfriend is trustworthy around your son, but it is always possible that the court will limit or prevent your child's contact with your boyfriend. I don't see it likely that the court significantly changes the custodial arrangement because of your boyfriend. If he is a concern, the court can simply order you not to have him around your child. If you need the assistance of an attorney in this matter, please contact me for a free consultation.
Answer Applies to: California
Replied: 2/27/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Under the circumstances that you describe, it is unlikely that your jealous ex-husbandwould be ableprevent your son from being around your rehabilitated boyfriend.
    Answer Applies to: California
    Replied: 2/27/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    Could your ex file for full custody? Yes. Would he get it? It depends on the situation. From what you describe, this new boyfriend and your ex were friends at one point. If the new boyfriend has been clean and well-behaved since then, this would not seem to pose a danger to the child. In general, to change custody, there needs to have been a "substantial change in circumstances." From what you describe, it does not sound like this exists. But there is nothing to stop your ex from filing. If he does, you should definitely talk to an attorney. Child custody is a serious and difficult issue, and not one you want to take a chance with. I have helped several people in your situation and would be happy to speak with you further about your options.
    Answer Applies to: Oregon
    Replied: 2/27/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A parent may file a motion in court seeking to restrict contact between a child and another adult where there is evidence to believe that person is a danger to the child in some fashion. They cannot restrict access without a court order.
    Answer Applies to: Minnesota
    Replied: 2/25/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Depending on the totality of the facts and circumstances anything is possible. However, just because your ex "threatens to take full custody", all he can actually do is try. Generally, the odds are against him being able to succeed in any drastic change in the allocation of parental responsibility on nothing more than his dislike of your new boyfriend. The first question will be whether or not your new boyfriend is, in fact, a threat to the child. The judge's decision will first examine that possibility and then look at what is in the best interest of the child - not what your ex believes or wants. The mere fact of a six year old drug conviction is not, by itself, an indication that the child will be harmed in anyway; especially since your ex's past behavior would appear to contradict his current opinion.
    Answer Applies to: Colorado
    Replied: 2/25/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    These are very tough decisions. It appears that your new partner's conviction is too far removed. If he had issues 6 years ago and has not other recent trouble with the law, it should not impact you in a custody case. Of course, if your new partner still has legal problems you could be prejudiced in a custody case.
    Answer Applies to: California
    Replied: 2/25/2011
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