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Asked 6/14/2010

Can the wife take the kids from the dad in the middle of divorce?

My boyfriend and I have been seeing each other for about a month now. He has 2 kids and I have 4 and we have been spending everyday together. His divorce will be final in 16 days. The wife is threatening to take full custody of the kids and have his parental rights revoked if I don't stop coming to his house while the kids are there. Can she legally do this? She also has a boyfriend too.

 
 
 
 
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Answer 1/3 - Submitted 6/14/2010

She has to have a reason to stop you from seeing the children. If you have a history of abuse or a criminal history, she may be able to stop you from coming over there. But she has to find a reason. She cannot have his parental rights revoked no matter what. In some states, overnight guests of the opposite sex are not allowed that are not family. If this is one of those states, she may have a chance at custody but then her boyfriend has to stay away also. But if there are no reasons that you are unsuitable and he is good father, she won't get anywhere. Good luck and best wishes.

 
 

Answer 2/3 - Submitted 6/18/2010

Thank you. I also had him consult with an attorney and she verified just about the same things you say here. I feel more confident now.

 
 

Answer 3/3 - Submitted 6/18/2010

Thanks for the award. Good luck.

 
 
 
 
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