Will dating affect your custody situation?

Will dating affect your custody situation?

You and your spouse got divorced a year ago, and the two of you share custody of your child. This was ordered by the court during the divorce, and you’ve both been happy with the situation.

However, you’ve recently decided to start dating. Your former spouse doesn’t like this and says that they do not want the child to be around your new partner. They claim that they are going to seek a custody modification to take your child away from you. What you’re wondering is if your dating life is actually going to have this kind of impact on your custody rights.

Why do they want to keep the child from your new partner?

One thing to ask is why they are opposed to this new person being in the child’s life. As a general rule, the court is not going to take away custody just because you’re dating someone new.

What they’re going to look for is a situation in which this person may pose some sort of a danger to your child. For example, if you start dating someone who keeps unsecured firearms in the house or who has a criminal history of domestic violence, then your ex may have a valid claim that the child wouldn’t be safe in that home.

But if your ex simply doesn’t like the idea of you dating someone else, that’s not enough of a reason for the court to alter your custody rights. If you do find yourself in a complicated disagreement with your ex, always be sure you know what legal options you have.

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C. Lee Hewitt

C. Lee Hewitt is an experienced family law attorney admitted to the California State Bar in 1982. With over 40 years of dedicated legal practice, he represents clients across Fremont and the East Bay area in complex matters including divorce, child custody, and estate planning. A past President of the Washington Township Bar Association and former professor of Real Estate Law, Mr. Hewitt combines deep legal knowledge with a long-standing commitment to community advocacy and local leadership.

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