Can my ex husband keep me from moving in with my boyfriend?

[Wonderingmom]

Jurisdiction

California

Me and my ex husband have been divorced for 2 years now. We share 50/50 custody of our daughter. He is newly married with a child with his new wife. He does not like my boyfriend who has a criminal past. Can he stop me from moving in with my boyfriend?

 

[adjusterjack]

Can he stop me from moving in with my boyfriend?

Depends.

What does your divorce decree say about cohabitation?

If it says nothing to prohibit you from cohabiting then you are free to do as you wish.

However, he is also free to take you to court and seek full custody on the grounds that an ex-con is a danger to his daughter. If he can prove that, you lose. If he can't, you win.

What gets me, though, is why some women are stupid enough to get involved with ex-cons and move them into their homes where their children live. That never ends well.
What's wrong with you that you couldn't do better than a criminal?

 

[Wonderingmom]

Depends.

What does your divorce decree say about cohabitation?

If it says nothing to prohibit you from cohabiting then you are free to do as you wish.

However, he is also free to take you to court and seek full custody on the grounds that an ex-con is a danger to his daughter. If he can prove that, you lose. If he can't, you win.

What gets me, though, is why some women are stupid enough to get involved with ex-cons and move them into their homes where their children live. That never ends well.
What's wrong with you that you couldn't do better than a criminal?

Say he wins. Does that mean I can keep the 50/50 custody as long as I don't move in with my boyfriend. And as far as being with some one who has a past, everyone should be given a second chance. It's a dui felony. Nothing to crazy. I choose to give him a second chance.

 

[adjusterjack]

Say he wins. Does that mean I can keep the 50/50 custody as long as I don't move in with my boyfriend.

Assuming he gets an injunction that prevents the boyfriend from moving in, then yes, you get to keep the 50/50 custody. But if he takes you to court after the boyfriend moves in you could lose custody (theoretically).

However given your subsequent statement that the conviction was DUI I'd be more inclined to think that your ex is blowing hot air and would not succeed in court either way.

I still think it's a bad idea, in general, to live with boyfriends/girlfriends. If you two aren't ready to commit to marriage then you have no business living together. And I'm not talking morals here. There's too much of a financial and legal risk because you have no protections for a financial arrangement without being married.

 

[shrinkmaster]

He is an Ex con via DUI's? How many? Did he harm someone? If your new boy toy has a drinking problem this could impact custody. Honestly you need to decide which is more important your child your you current love interest.

 

[ElleMD]

Dad could also file to modify the agreement such that Mr. Felony is not allowed around the child.