Ask A Divorce Lawyer: My ex’s boyfriend is on drugs, so how do I keep my kids safe?

Question: 

My ex-wife had an affair with a guy who has a reputation of using cocaine, but I can’t prove it. He also drinks and is on drugs treating his depression, which I can confirm. I want her to carry on with her life, but I don’t want this guy’s influence around my kids.

Can I get a restraining order to keep him away from my children? She can date him all she wants as long as he has no contact with the kids.

 

 

 

 

 

Answer:

First, I must preface that I do not practice in your jurisdiction.  You should consult an attorney licensed in Washington to find out whether there are laws which would prohibit him from being around your children.

Typically someone has to do something in order for you to obtain an injunction (restraining order).  Each state has a different statute which details the evidence that must be presented to the Court in order to obtain an injunction. 

As an alternative to a restraining order, if someone raises a threat to your children but doesn’t rise to the level of qualifying for an injunction, you may be able to seek an Order from the Court who originally ruled on custody and placement prohibiting your wife from leaving him alone with your children.  You should schedule an appointment with a domestic litigation attorney licensed in Washington.  Make sure you detail all of your concerns and what evidence you have that he is a threat to your children.

 

 

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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