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