If you are divorced with minor children, the court will most likely pronounce a custody order. This order stipulates how parenting time will be shared going forward. But what if your ex has jumped back into the dating pool? Should you stop them from spending time with the child?
The decision to modify custody if your ex is dating largely depends on the circumstances at hand. That said, here is what you need to know about dating and child custody:
You cannot modify custody on your own
When the court issues a custody order, it does so in the best interests of the child. And, both parties are bound by the provisions of the custody order unless the court stipulates otherwise. Thus, interfering with the custody order in any way is a violation that can lead to serious consequences.
You may, however, petition the court to modify the custody order
If your ex’s new relationship is interfering with the custody order, then you may take the matter up in court. An example of this would be when they are no longer returning the child on time or when they are no longer interested in spending time with the child.
You may also petition the court for custody modification if you believe your ex’s new partner is likely to endanger the child. In this case, you will need to show specific circumstances when your ex’s lover could endanger your child’s emotional and physical well-being:
- Your ex’s partner drove with the child in the vehicle while intoxicated
- Your ex’s partner has a history of violence
- Your ex’s partner is a registered sex offender with a prior child abuse conviction
- Your ex’s partner is using or selling drugs
Both you and your ex are free to give love another go after divorce. However, if your ex’s new partner is likely to endanger your child, you need to take proactive steps to protect your child. Knowing your legal options is a great place to start.