Legal Question in Family Law in Utah
Ex Wife dating while married
My ex wife is currently married, and her husband is away in the military. She is dating a guy who I just found out was convicted of assault with a deadly weapon. During my children's visit they are around this man. How would a judge view this situation. I have physical custody of the children and I am looking for a temporary change in visitation rights until she can make better choices.
1 Answer from Attorneys
Re: Ex Wife dating while married
A judge will examine whether the children are at risk for harm now. A past conviction of assault does not make for an immediate danger to the children. But you should be cautious. At the first sign of danger or risk to the children, take action - tell the ex that she can see the children all she wants, but just not when the bad guy is around. You can also seek relief from a court if she is being unfaithful to her husband, arguing the presence of the new guy sends a bad moral message to the children, and try to get a restraining order against the mother restricting her to see the children only when bad guy is not around.
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