Question:
My ex wife just got re-married again for the 2nd time. She has custody of my children. Her new husband has 3 kids from another marriage, and has been in jail for DUI’s.
He has supervised visitation rights on his kids, what can I do if I don’t want my son around him?
Answer:
While the new husband’s circumstances indicate a need to evaluate the mother’s latest home environment, without the details as to why his visitation with his children is supervised and the details of his criminal record, it is not clear if there is an immediate threat of harm to your son to warrant a restraining order, order of protection, or other emergency action.
Regardless of whether there is a need for immediate intervention, you may be able to seek a review of the custody arrangement in light of the change in circumstances. Your state may limit the when you can seek a review or require a showing of endangerment of your son (a slightly lesser standard than a threat of immediate harm). You attorney would review the details of the new husband’s history to determine if any prior court proceedings will be admissible or controlling in the review of your custody arrangement.
If there are indications of any problems with the son since the marriage, such as at school or other settings, evidence of those problems may be applicable to show that the mother’s new home environment is not in his best interests. Depending upon the facts, you may be able to obtain custody or restrict the new husband’s involvement with your son.
