my ex husband and I do not have a custody agreement or have even gone to court for a custody agreement with our 6 yr old. Our son is pretty much with the both of us half and half but he wants me to keep my son away from my fiance. Is there any legal action he can take to not allow my son to be around my finace? Or will I have to finally take him to court for joint custody? oh btw, my fiance is not a drug addict/alcoholic, he has a full time job, has never been arrested and we have a 10 month old together.

MOST HELPFUL POSTS

Dove - posted on 04/16/2012

11,910

0

1350

As long as there is no 'dirt' on your fiance, it's not your ex's call who you do or do not have around your son. The most he could request in court (depending on your state laws) is that you do not have an overnighter w/ your fiance while your son is in the house. Even that totally depends on your area though.



You might want to talk to a lawyer (some will answer a question like this over the phone for free) just to make sure. I do think having a court order is in everyone's best interest, but ideally you and your ex would come up w/ the agreement and just get it notarized by the court. I wouldn't want your ex to get upset about you having your fiance around and then just decide to not return your son.



Good luck!

Amanda - posted on 04/16/2012

2,559

3

366

He has no legal right to say who can and can not be around your son while your son is in your care.

Ashley - posted on 04/14/2012

863

2

161

No he cant and even if you go to court they will simply give half half as that is what has been done up to this point. I highly recomend not going to court maybe a after seperation corse or mediater. Why is he saying he dosent want him near him

6 Comments

View replies by

Amanda - posted on 04/16/2012

2,559

3

366

I doubt a court would even consider no over nights with her fiance since they have a child together.
Though I agree a court order needs to be put into place.

Sina - posted on 04/16/2012

4

0

0

he just doesn't like the fact that I've moved on with my life without him. He had said over and over again that he will not allow a "stepfather" around my son, and I respect that to a point. However I refuse to have a separation between both of my sons because my oldest sons father doesn't want me to have a man other than him around.

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms