Family Law

Reasons That Courts Allow Children to Be Around Your Former Spouse's New Love Interest

By Ben Stevens

When parents divorce, they usually do not want for their child to be around their former spouse's new boyfriend / girlfriend.  In fact, one of the most common questions that family law attorneys are asked is whether this is permissible, with the assumption being that they are not.  However, the answer might surprise you, as it is not what most people expect.

Typically, the Court will not prohibit divorced parents from dating or from having their boyfriends / girlfriends around the child, provided that (a) the new love interest is not appropriate for some reason and (b) the new person is not there overnight when the child is present.  Reasons that the new person could be inappropriate include having a criminal record, accusations of child abuse / neglect, past D.S.S. involvement, and the like.
 
If the Court didn't allow boyfriends / girlfriends to be around the child, it would actually be more of a shock if the parent remarried and then the child was then suddenly forced to adjust to a step-parent that he/she had never seen before.  Obviously, putting the child in such a situation would not be in the child's best interest, which is always Court's primary concern.

Full post as published by SC Family Law Blog on January 16, 2008 (boomark / email).