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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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I have 2 questions: 1. My ex husband wont give me his address,

Customer Question

I have 2 questions: 1. My ex husband won't give me his address, he is the alternate parent, do I still have to let our kids go with him? 2. The judge placed an order on my boyfriend that he can't be around our children it expires the end of February 2014...if we get married does this remove the order?? or can I still lose custody and/or go to jail?
Submitted: 4 years ago.
Category: Family Law
Expert:  Dave Kennett replied 4 years ago.
-Could you explain your situation a little more?
Why is there an order that your boyfriend cannot be around your children?
Does your boyfriend have some type of criminal record?
Does your divorce decree have any language that both parents must disclose the location of the children when the children are with that parent?
Customer: replied 4 years ago.

the ex husband kept pushing that the boyfriend not be around the kids, yes he has a criminal record but the ex husband does as well, the boyfriend has a theft from 7 yrs ago, and a simple possession from 8 months ago...I'm worried that even if we get married I will lose the girls so we just follow the order..yes in the parenting plan it does state that both parents should have a valid address and phone number of the other parent..I don't want to push the ex or make things harder but he lives over an hour away with his girlfriend I know NOTHING about and I don't know an address I'm just worried about the kids with the ex having a suicidal record and threatening the whole sheriffs dept where we live, its hard not to worry those are the reasons I have full custody to begin with

Customer: replied 4 years ago.

Yes the boyfriend has a criminal record of theft 7 yrs ago and a simple possession from 8 months ago...the ex husband also has a criminal record it does state in the parenting plan that both parents should have a valid address my ex husband lives over an hour away from me with some woman I know nothing about..I have full custody because the ex husband has been suicidal and threatened the whole sheriffs department in my county

Expert:  Dave Kennett replied 4 years ago.
Dear JACUSTOMER - If your ex is not providing an address then he is in violation of the court order and you can file for a suspension of the visitation rights until an address is provided. As for losing custody, I cannot make any predictions as to what a court may do but the criminal record of your boyfriend does not involve violence or sexual abuse which would definitely be a factor. My opinion is that if you marry your boyfriend you should not lose custody but if your lawyer thinks differently then I have to defer to your lawyer who may have information that I do not have. Custody is based on the best interests of the children and if your new husband presents no threat to the kids then I see no reason to change custody simply because you get married. If you file a motion for suspension of visitation you may also want to include a motion to remove the no contact order for your boyfriend. This seems a bit extreme under the circumstances and based on your facts your ex doesn't seem to have a stellar record that would offset your boyfriend's transgressions.