Can I Keep My Ex's New Partner from Spending Time with My Child?

 Posted on May 23, 2016 in Child Custody

It is unreasonable to expect a divorced individual to remain single for the rest of his or her life. As we move past a divorce and into the next phases of life, many of us find new partners. For a child, seeing his or her parent start to date, live with, or marry a new partner can be stressful. It can also be stressful for the child's other parent, who might feel resentment toward the new partner or oppose something about him or her, such as his or her religious practices or values.

If you find yourself uncomfortable with the idea of your child being around your former spouse's new partner, ask yourself why this is. You cannot simply prohibit this individual from being around your child because you do not like him or her. When your child is with his or her other parent, that parent can determine who is to be around the child. However, the court can place restrictions on your parenting time agreement if it determines that exposure to a certain individual is not in your child's best interest.

Modifying a Parenting Time Agreement Due to Changed Circumstances

The element of “changed circumstances” is what is important when the court determines whether a parenting time agreement should be altered. If the new arrangement, such as a partner moving into your former spouse's home, can be deemed to be harmful to your child, the court may consider altering your arrangement so your child's time around the new partner is limited. Issues that are grounds for such a modification include:

• Drug use or other addiction issues;
• Domestic violence;
• The partner's involvement with criminal activity:
• A history of harm toward children; and
• A negative relationship between the partner and the child. This does not mean initial annoyance or shyness, but an ongoing relationship struggle that causes your child to suffer emotionally, mentally, or physically.

Otherwise, you cannot simply decide that you do not want your child exposed to an individual because of that individual's lifestyle, cultural or religious practices, or the circumstances of his or her relationship with your former spouse. Only if you can demonstrate that the new partner's presence is somehow harmful to your child can you have your parenting time agreement altered.

Work with a Kane County Family Attorney

Adjusting to life after a divorce can be difficult for every member of the family. When a parent remarries, the adjustment to this partner can be stressful for a child which in turn, can be stressful for the child's other parent. But as a parent, you need to be able to discern whether your child dislikes your former spouse's new partner because he or she simply dislikes change or if there is a legitimate reason why this individual should not be around your child. For help determining this and legal representation if you have to go to court to alter your parenting time agreement, work with one of the experienced Kane County family lawyers at the Goostree Law Group.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

http://www.ncadv.org/need-help/what-is-domestic-violence