Legal Question in Family Law in Kansas
child custody case
I am recently divored. We have one child together, he is 9. I have met someone, that we would like to move in together, my ex has made it possible that my boyfriend cannot spend any nights with me, while our child is there, which makes it impossible for him to move in with us. Isn't this violating my civil rights?
1 Answer from Attorneys
Re: child custody case
This is not a violation of your civil rights because you are not actually prohibited from moving in with your boyfriend. You are not being unduly coerced or physically restrained from doing that. However, if you do cohabitate, you may trigger certain provisions of your Divorce Decree which may be detrimental to you. If your Decree states that you will not cohabitate while your child is in residence, your ex-spouse may be successful in a Motion to Change Residential Custody. In addition, your cohabitation may end your entitlement to spousal maintenance. As always, you should consult an experience family law attorney before taking action.