Question:
My fiancé’s ex wife is trying to stop me from being around his children, especially if I spend the night while he has the children though we do not sleep in the same bed. Can a judge really order me to not be around his kids or spend overnights with him when the children are present? I’m about to be their stepmom!
Answer:
You have asked if your fiancé’s family law judge could order that you not be around his kids or spend overnights with him when the children are with him. To answer your question, yes, a judge could restrict your fiancée from bringing you around his kids if the judge felt your presence in some way threatened the safety or welfare of the children, or otherwise acted in a manner that was not in the children’s best interests. The likelihood of this happening though, would depend in large part on the interworkings of your fiancée’s relationship with his ex-wife as well as your background and history.
If you were a sex offender, a drug abuser, or a career criminal, then the answer is likely “yes” the judge would restrict your fiancée from bringing you around the children. Short of that, you are likely okay. The best advice is to seek out competent legal representation, particularly from an attorney who practices exclusively in domestic litigation.
Although I practice law in Indiana, I cannot give you legal advice without thoroughly reviewing your case. Do not rely on this information as establishing an attorney-client relationship. Contact an attorney immediately for assistance. Cordell & Cordell, P.C. does represent clients in Indiana. Thank you for submitting a question to Cordell & Cordell, P.C.
Jason P. Hopper is an Associate Attorney in the Indianapolis, Indiana office of Cordell & Cordell, P.C. where his primary practice is exclusively in the area of domestic relations. Mr. Hopper is licensed in the state of Indiana – All State and Appellate courts, US District Court Northern District Indiana, US District Court Southern District Indiana, US Bankruptcy Court Southern District Indiana.
