My divorce has been final since August 24th. I am fixing to move in with my boyfriend whom I have known for a year and a half. We started seeing each other after my divorce was final. I just found out that I am pregnant by my boyfriend so we are fixing to get a place together. I have custody of my kids. Can my ex husband take my kids away if I am living with another man and not married to him? I don't want to loose my kids. I love my boyfriend and want to be with him but just not ready to jump into another marriage just yet.
2006-10-15 06:25:29 · 31 answers · asked by Aprile S 1 in Family & Relationships ➔ Marriage & Divorce
no
2006-10-15 06:26:45 · answer #1 · answered by traveller 7 · 2⤊ 0⤋
Your x would have to show good cause. One he would have to prove you unfit & or that you abuse the kids. Depending on how bad your divorce was, I would not let your guard down. In the eyes of the court.. they look at the other man as a subparent & state that is not in the best interest of the children for any parent to immediately replace the biological parent. I would just keep that in the back of your head. I have been there/done that. In my divorce/custody battle etc.. that is what my x used against me-that I replaced a parent figure. My divorce took almost 2 yrs & it was vicious.
2006-10-15 07:26:17 · answer #2 · answered by Kammaka2 2 · 0⤊ 0⤋
No he can only take them if you are proven unfit or the invironment for your children is putting them in harms way. Most any judge anywhere will place the children with the mother as a given. ( I have been through this same senerio) I was awarded custody. My x threatened and I stood my ground. I had to go to court 3 times because he fought so hard but he never won his case. You continue to take care of your babies and make sure the man you are about to marry will love them as his own and nurture them. Good luck! Don't worry...your x is just lashing out.
2006-10-15 08:06:37 · answer #3 · answered by blujeanbaby56 1 · 0⤊ 0⤋
Ok, now that we've heard all the emotional "no's".....
When it comes to court and blood-sucking lawyers, nothing is final. If he can go back to court and state that your living with another man while not married is detrimental to the welfare of your current children, you bet your bippy he can make an attempt to wrest custody away from you. Whether he is successful or not, it all depends on what kind of case he can make.
Like some have said here, states differ, I'd get a hold of my lawyer and tell them the situation and see what thier opinion of this whole thing is before proceeding.
2006-10-15 06:35:37 · answer #4 · answered by You'll Never Outfox the Fox 5 · 0⤊ 0⤋
No! He can't take your kids a way over you living with your boyfriend. That just isn't going to hold up in court.
He would have to prove you un-fit. Or prove that you were abusive or cruel to your kids.
He would also have to show proof that your boyfriend was this way as well.
So if you aren't un-fit,cruel, or abusive you have nothing to worry about. And if your boyfriend isn't this way as well there is nothing that your ex-husband can do but whine,cry, and complain.
As long as you feed your kids and take care of them and provide a stable abuse free home he can't touch them.
You sound like a pretty good mom to me already just for the fact that you have asked this question.
Just continue to be the mom that you are and things should be just fine.
Good luck and congratulations on the new baby.
2006-10-15 06:49:59 · answer #5 · answered by rockn75 3 · 0⤊ 0⤋
He can can petition for a new custody hearing on the grounds that your new "status" may be harmful for the kids in some way, if he can prove that, you may loose the custody, or you have to change your "status". It is not likely but is possible, If your new boyfriend is a good person then your ex has no case and you are OK
2006-10-15 06:35:58 · answer #6 · answered by class4 5 · 0⤊ 0⤋
He can't take them away just because he doesn't like the fact that you are living with another man. Sounds like he is just trying to control who you see and live with. However if the man is a threat to the welfare of the kids he can petition the courts. But if you have custody then he can't just up and take them and never give them back as that is a form of kidnapping and he can go to jail. Talk to your lawyer if you have any concerns on this.
2006-10-15 06:29:04 · answer #7 · answered by sesamenc 4 · 1⤊ 0⤋
I guess it depends on where you live. If you live in North America/Europe or some other country with modern laws, then NO, your husband can not take away your children for going to live with another man out of wedlock.
Did the courts grant you full custody? Then by law, you're allowed to live with whomever you want, with your children. You're starting up a new family, and he can't stop that.
If, however, he finds out that your current boyfriend is a sexual offender, drug dealer, or criminal of some sort, then yes- he can file to have your children taken away and given to him. But he must have reason and proof of that in court! He just can't waltz in and take them.
2006-10-15 06:29:30 · answer #8 · answered by catwomanmeeeeow 6 · 0⤊ 0⤋
If you are not married, then he has grounds to take you to court. The odds of him geting more than joint custody are slim because you are the mom and infortunately courts are not fair to fathers. You got pregnant awfully quick considering you didn't start seeing this guy until after August 24th.Was it August 2005? Do you plan to expose your children to every man that you date (assuming you never marry this new guy)?
2006-10-15 06:34:28 · answer #9 · answered by erin 3 · 0⤊ 0⤋
The only reason he can take those kids away is if you were a horrible parent. He will have to prove you and your boyfriend are unfit to be parents. Yes he can fight for custody but winning the case is very slim.
2006-10-15 13:58:38 · answer #10 · answered by luvlisteningtomusic 6 · 0⤊ 0⤋
its up to a judge its a civil matter if he wants to file a motion to modify custody. If your new guy is a registered child molester you may be out of luck. Otherwise, no, there are no grounds for losing your kids, usually the courts side with the mother that is why you got them in the first place.
2006-10-15 06:28:14 · answer #11 · answered by rand a 5 · 0⤊ 0⤋