QUESTION
Can my fiancées ex wife keep his kids from him because of my past?
Asked on Dec 20th, 2012 on Child Custody - Georgia
More details to this question:
In 2005 I was arrested on a drug charge in a different state. I did 3 years in prison. Since I've been released I have completed parole and have had no further run ins with the law. My fiancé is afraid if his ex wife finds out she can keep his kids from him. Can she do that?
1 ANSWER
Divorce Attorney serving Warner Robins, GA
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Danielle D. D'Eor-Hynes Family Law Center, LLC
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First of all, the Court Order that is in place right now states your fiance's rights to his kids, when he sees them, under what conditions, etc. If the Order states that he cannot have the children around a convicted felon, then if she knows then she can stop it. If it does not limit him in a manner that includes you and your past, then she cannot legally deny him without first taking it to court to change the Order that is in place right now. She cannot deny him visitation and, at the same time, file something to change visitation because that is not allowed by Statute (law). She can do it, but not legally, absent wording in the last Court Order that allows her to do so.
Hope this helps.
Danielle D. D'Eor-Hynes, Family Law Center, LLC
www.hynesfamilylaw.com
478-971-1877
Answered on Jan 02nd, 2013 at 8:50 AM