Question:
Do child custody laws do anything to prevent parents from bringing dangerous people around their children?
My ex and I split child custody, but she has a boyfriend who drinks a lot and even does drugs. I have no proof this is done in front of my children, but I know she brings him around my kids.
Can I keep her boyfriend from being around our kids during her parenting time?
Answer:
This answer only includes general divorce help for men since I am only licensed to practice in Missouri and am thus unable to provide any specific legal advice on divorce.
Unfortunately, where I practice, the courts typically do not want to become involved in micro-managing the love lives of ex-spouses. If you feel that your children are in danger, you have a few options:
1. Request a Modification for more time or for sole child custody. If you do this, however, please realize that the court will have little control over the boyfriend. Usually allegations such as yours require the appointment of a Guardian Ad Litem.
A guardian will interview your ex and her boyfriend to formulate an opinion as to whether there is a danger to the child being in the boyfriend’s presence. However, it is rare for a court to order drug testing of non-party individuals. Therefore, it may be difficult to prove that the boyfriend is engaging in these types of behaviors.
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2. If you are seriously concerned about the drugs and believe that your child is in danger, you may want to contact the Division of Child and Family Services, or similar agencies in your area. DCFS has more control over drug testing and will investigate your allegations as to the boyfriend. If DCFS finds the allegations to be true, then you should follow-up with a Motion to Modify to obtain more custody over your child.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of fathers rights and child custody, I urge you to contact a mens divorce attorney immediately.
To set up an appointment with a Cordell & Cordell attorney, including Michelle Hughes, an Associate Attorney in the Jefferson County, Missouri office, please contact Cordell & Cordell.
