Can my ex-wife keep my fiancée from being around my kids because of her past troubles?

divorce attorney Jill DuffyQuestion:

My ex-wife currently petitioned the court to not have my children exposed to my fiancée during my parenting time because of her previous drug history with marijuana.

The children were never exposed to the drugs and we both have consented to random drug tests.

Is there a way to fight this so my fiancée can be around my kids?

Answer:

In order to fully answer your question, I would need to know more about your particular situation.

If your wife has petitioned the court and you have not had a hearing, now is the time to gather your evidence. You should present the court with information regarding your fiancée’s treatment, present witnesses who have been around your children when they are with your fiancée, and show clean drug screenings. Presenting a strong defense may stop an order for being entered.

If your wife has already petitioned the court and has received an order that prohibits your fiancée from being near your children, your options are more limited. Within 21 days of the order you can ask the judge to reconsider her ruling.

You may also have the right to appeal her decision. You should consult an attorney as soon as possible to discuss your appellate deadlines.

If the order prohibiting contact with your fiancée has already been entered, you should abide by it. Showing respect for the court’s decision, even when you do not agree with it, will let the judge know you are taking the matter seriously.

Work with your fiancée to become drug free and document your proof. Keep all records of clean drug tests. You can petition the court in the future to revisit or review the ruling and allow your fiancée to interact with your children.

Although I practice law in Michigan, I cannot give you legal advice without thoroughly reviewing your case. Do not rely on this information as establishing an attorney-client relationship. Contact a managed divorce attorney immediately for assistance. Cordell & Cordell does represent clients in Michigan.

 

Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude.

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