Legal Question in Family Law in Kansas
Abusive new husband
My ex-wife has residential custody of my two children. She has been remarried twice since we have been divorced. Her last husband was abusive to her but not the kids. He was put in jail, but allowed to get out because he was not tried quickly. He is now back with my ex. I don't want him around my kids. Is there anything I can do to keep him away, and is this grounds for me to get custody?
1 Answer from Attorneys
Re: Abusive new husband
Depending on the boyfriend's criminal history, it may be possible to modify the original custody orders. Also, if the facts warrant it, you might be able to get a restraining order against the boyfriend, but you'd have to show how the boyfriend poses an immediate physical threat to the kids - depending on his criminal background, that may be enough. You might also be able to show a modification is necessary if the kids' behavior has changed since being placed with their mom as the residential custodian - for example, if they're acting out, getting into trouble, dropping schoool grades, etc.
It's probably a good idea to consult with an attorney to further review the details of your situation and to advise you of the specific options you have available to you.
Hope this helps!
Christine C. Nierenz, Esq.
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