Every parent wants the best for their children, including approving who can or can not be around them. Seeing your ex has moved on and is in a relationship with someone new can be painful.
What happens if you have joint custody but don’t want your kids around your ex’s new partner? Before thinking about whether or not you can keep your ex from seeing your child while they’re with their new partner during visitation, there are some things you should know.
Controlling Visitation
In cases of joint custody, you and your ex agree to co-parent and abide by a schedule approved by the court. According to the law, you can’t control when or if your child goes to visit their other parent.
When your child is visiting your ex, your ex has a say in who their company is going to be during the visit. If you feel your child’s best interests aren’t being met while your ex’s new partner is around, you should consult an attorney who has experience in child custody cases.
Getting the Court Involved
A judge’s number one priority in child custody cases is to determine if your child’s best interests are being met by both parties. An attorney can assist you with your case in court and explain to a judge why you don’t think your child is being cared for correctly when your ex is with their significant other.
You don’t want to violate your custody agreement by avoiding the visitation schedule. There are few reasons a judge would agree to keep your ex’s new partner from being around your kids during visitation:
- Your child is in danger.
- Your child’s health is being impacted.
- The fitness of both parents to care for the child.
- Rules and schedule of your current agreement.
Modify Your Custody Agreement
When you and your ex can’t agree on the current visitation order because their new partner is involved, you can speak with an attorney about making modifications. To make modifications, you would need to prove a substantial change in conditions of your child’s best interest when your ex has custody.
Contact a Rockville Family Law Attorney
Our firm, Fait & DiLima, LLP, has more than 50 years of combined experience in child custody cases and other family law matters. We offer timely resolutions to disputes so families can get back to their normal lives.
Contact our Rockville, MD child custody attorneys at (301) 251-0100 to find out what steps you can take to modify your custody agreement.
