QUESTION

My ex wants to prevent my boyfriend from being around our son but if I marry the boyfriend can he still try this?

Asked on Oct 02nd, 2013 on Child Custody - Texas
More details to this question:
My ex husband wants to keep my boyfriend away from our son and may try to file with the courts. My boyfriend is in no way a threat and has no criminal background (I checked) but if we were to get married can my ex even try to file with the courts? So basically being married should make it impossible for that to be filed right? Thank you for your time.
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7 ANSWERS

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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First, your ex-husband can file a motion or petition with the court to request anything he wants. Of course, if he files a frivolous motion he won't succeed, but that doesn't mean he cannot try. Second, regardless of whether you marry your boyfriend or not, unless your ex-husband can demonstrate by a preponderance of the evidence that your boyfriend poses a threat of harm to the child, he cannot prevail on a motion or petition to keep him from having contact with your son and developing a step parent relationship with him. Marrying your boyfriend only makes it harder to prevail on a motion or petition, but never makes it impossible. The question is not whether marriage can prevent your husband from filing, the question is whether your boyfriend/husband poses a serious danger to your child.
Answered on Oct 07th, 2013 at 4:43 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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It depends on the reason why he doesn't want him around. If it is to protect your child, then sure, he can continue to ask. If it is because of the immorality of your situation, I am inclined to say it is none of his.
Answered on Oct 03rd, 2013 at 3:30 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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The short answer is "NO"; but former husband may still harass you by filing with a Judge for a decision.
Answered on Oct 03rd, 2013 at 12:56 PM

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Divorce Attorney serving Bingham Farms, MI at Gottlieb & Goren, P.C.
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Cannot stop ex-husband from filing, but based on what you say, ex-husband should not be successful.
Answered on Oct 03rd, 2013 at 12:28 PM

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Bruce Provda
Not necessarily will marriage make him stop. Consult with an attorney.
Answered on Oct 03rd, 2013 at 12:06 PM

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Without a criminal or domestic violence background, the court will not dictate who can be around your son. If marriage is contemplated be sure you know all of his background so that you do not find yourself without custody due to his past.
Answered on Oct 03rd, 2013 at 11:23 AM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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Wrong, sorry. The judge won't order your new boyfriend away from the child just because your ex doesn't like him, but if there are reasons why the judge thinks it's in the child's interest to be kept away from your new boyfriend, marrying him won't cure those reasons and could even cost you custody of the child. If that's your reason for getting married, you should wait till you have a better reason. That's my take based on the little information you've given, but if you have a lawyer get your advice from him or her and follow it.
Answered on Oct 03rd, 2013 at 11:17 AM

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