Legal Question in Family Law in Michigan
Boyfriends after divorce
I have been divorced for three months and I have a boyfriend now. On occation, he spends the night because he lives nearly 2 hours away. My ex wants to stop me from having my boyfriend spending the night when my children are around or he will seek custody. Can he do that? Am I not allowed the freedom to have a boyfriend stay over and can my ex actually take my kids away?
3 Answers from Attorneys
Re: Boyfriends after divorce
This is not an easy question. How old are kids? How long has this relationship gone on? Why not have boyfriend stay over when kids aren't there? The court can and will consider these questions. There is no automatic answer. You are entitled to have a life after your divorce, the question is "whether the after hours visits from the boyfriend is harming the children?" For more info., please contact my office at (248)851-3171.
Re: Boyfriends after divorce
It depends.
Yes, you have rights as a single woman to have your Ex not interfere in your love life, but the REALITY is that he's clearly making an issue of it.
You have to decide which is more important. A simple solution is that your boyfriend NOT stay over when the kids are there. Two hours really isn't that far, frankly.
A more complex solution involves fighting it, but I suggest you pick your battles carefully and this may not be one of those battles. I certainly wouldn't recommend it if you have an older (white) male judge, --particularly if he doesn't see eye-to-eye with you. It's a gross generalization, but on the whole they don't like this sort of carry on and may penalize you for it, even though it's legally your right to have overnight guests if you so choose.
As a parent, you might not want to do it until you're at least affianced. Call it old-fashioned, but it's more like you doing what you need to do to bullet-proof yourself against losing your kids.
Re: Boyfriends after divorce
It depends upon the judge. However, if you want custody, then there are responsibilities that go along with the custody. Understand, I am no moralist. It is just very devastating for young child to see their mother in a relationship with a guy and then later have that mother's relationship break up and the mother then goes on to another guy. You cannot imagine the psycholgical baggage that develops. The mother will go to her grave denying that her conduct did anything to harm her child or children but it does and is irreversible. That is why some judges will not look with favor upon the guy staying over. If you ex wants custody, then the same rules apply. If he is remarried, then he has no problem. William S. Stern 248-353-9400