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My fiancé and soon to be ex wife are going through a divorce. They are fighting for custody and it has been nasty. He had full temporary custody, then it was joint and now she has temporary custody. I am 22 and their father is 33. His four children love me and miss me, but the judge decided that I was too young to handle them and ruled I cannot be around the children when they are present at our home. I have had to leave my house every weekend for a month now till court, which is fine. I'd do anything for the kids. Once we are married, can she still make it to where I have to leave? I am not trying to take her place, but I really miss them and I plan on marrying my fiancé the day their divorce is final. Will this change?
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This is a bizarre question based upon a bizarre set of circumstances. I practice in the state of Utah. I have dealt with situations in the state of Utah where a divorced parent who is engaged to remarry is ordered not to allow the fiance around the children of the divorce parents. To answer your question as to whether the court could order you to stay away from your stepchildren even after you marry the father, the answer is while that would be extremely difficult for all, the court can make such an order.
Answered on Jul 09th, 2013 at 8:57 PM
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The heading says this question is for Nebraska, but my first concern is that under Nebraska law, a divorced person cannot legally marry anyone anywhere in the world for a period of six months after the divorce is finalized so a wedding as you described would be void. Second, it is highly unlikely that any Court would order a fiancee to leave for the entire weekend simply because of her age. you need to have a very honest conversation with your fiance about what his attorney has advised him and whether he intends to allow you around his children at any point. I am also concerned that you indicate temporary custody was revised 3 times. it is very rare in Nebraska for temporary custody to be modified before trial absent some very serious parenting concerns. Taking on 4 young children is a lot, but you indicate you love and miss them and would do anything for them. If that is true, then you need to have a serious conversation with your fiance about how to make sure your lifestyle as a couple and as parent and stepmother is the best for those children. If you do not get good answers from your fiance and choose to move forward with marriage anyway, I think you will want a prenuptial agreement.
Answered on Jul 09th, 2013 at 11:07 AM
There seems to be more to the story, like why did the judge order you not to be present? The answer to this question will determine what could happen after you are married.
Answered on Jul 09th, 2013 at 11:06 AM