QUESTION
Is there a way around something that is in a divorce paper?
Asked on Jan 01st, 2014 on Child Custody - Utah
More details to this question:
My boyfriend has been going through a divorce for about 7 months. His ex put in their papers that he could not have his kids around a significant other. We have been in a committed relationship for over 2 months and he has been with my kids. We have followed the rules but she drags out everything and we would like to spend time with all of us together. He has a custody evaluation coming up and I don't want to rock the boat. Those kids are most important! She is the one that left the marriage also.
7 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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if no Final Judgment has been entered BF should file a Motion with the trial Judge. If FJ has been entered and he agreed to that clause he is a fool, must not have had an attorney. He will have to file a Petition for Modification; usually takes about one year for a decision.
Answered on Jan 03rd, 2014 at 3:10 PM
All your boyfriend has to do in the custody evaluation is show that you do not pose a risk of harm to the children. If there is no valid reason to keep you away from the children, the court will not order it. Just because the children's mother asked to keep you away from the kids does not mean it will have to be that way. You are right, though. Do not rock the boat before the custody evaluation.
Answered on Jan 03rd, 2014 at 3:10 PM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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Putting something in the "Papers" and it being a court order are two different things an attorney can help
Answered on Jan 03rd, 2014 at 3:10 PM
If it?s in the temporary orders, then he?s stuck. The good news is that those clauses are usually not included in the Final Decree of Divorce, so things should get easier once the divorce is final.
Answered on Jan 03rd, 2014 at 3:09 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If the order is not final, he can move to take that provision out. If it is final, he will have to reopen the case.
Answered on Jan 03rd, 2014 at 3:09 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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It's irrelevant who left the marriage. Obviously they are still married. The restriction stands at least until after the evaluation is done at which point he can go to court to either enter a permanent parenting plan or a revised temporary one. Two months is hardly a stable relationship, especially since he is still married. Meeting you at this point is way too soon for the kids and not in their best interest. No judge is likely to change that this early in the process.
Answered on Jan 03rd, 2014 at 3:09 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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You could marry your boyfriend.
Answered on Jan 03rd, 2014 at 3:08 PM