Do I Have Say in Who Can Be Around My Children

[formyboys]

My question involves a child custody case from the State of: New Jersey

I currently have sole physical custody and share legal custody of my 2 sons (ages 4 and 17). My relationship with their father ended about 2 years ago and he has hardly seen them since. He says he won’t allow me to control when he sees them. The disagreement is regarding his new partner. When we first broke up, I told him that he can come to my house or I would bring the children to his sister’s house for him to visit….these are environments that the children are comfortable in. He doesn’t have a car/license and I was willing to help with transportation. He refused because I wouldn’t bring them to his new girlfriend’s house (she was living with her parents). I didn’t know her or her parents so wasn’t comfortable with that. So, the time just passed. Since then, I have been harassed by both him and his girlfriend through email and text messages. I’ve been accused of keeping my 4 year old from him….but I support them, take care of them, etc. and I’m concerned of the environment he would have them in. Since our split, he was arrested once for possession of CDS and his girlfriend has been arrested 2x for possession of CDS and a few times for shoplifting/theft. Apparently, child protective services has been involved with her and her children. I feel that the environment is unstable and I’m now even more hesitant to let my child visit. The court order says that if he wants visits he can petition the court. If and when he petitions the court, is there anyway to prevent his girlfriend from being around my children?

[jk]

If and when he petitions the court, is there anyway to prevent his girlfriend from being around my children?

Not unless you can prove she is a danger to the children. You generally don't get to control what happens on the fathers time just as he generally doesn't get to control what happens on your time, unless you can prove there is a danger to the child.

[FatherWhoWon]

Not unless you can prove she is a danger to the children. You generally don't get to control what happens on the fathers time just as he generally doesn't get to control what happens on your time, unless you can prove there is a danger to the child.

However, unless/until dad has a court-ordered visitation schedule, you are able to dictate the terms of his contact with them.

[jk]

However, unless/until dad has a court-ordered visitation schedule, you are able to dictate the terms of his contact with them.

from what was posted, there is no visitation hence the question by the op:

If and when he petitions the court, is there anyway to prevent his girlfriend from being around my children?

[dead_onion]

you can get a no contact order, I got one prohibiting my ex from having her criminal BF around our kids.

[jk]

you can get a no contact order, I got one prohibiting my ex from having her criminal BF around our kids.

Simply being a criminal, unless they are convicted of a child abuse or sexual offense is usually not enough to obtain such a restriction. If you didn't realize it, in many states, a traffic ticket is actually considered to be a misdemeanor crime. You think the courts run around restricting people with traffic tickets in such a manner?


I doubt the crimes involved here would justify a no contact order. The OP can always try but I doubt it would be granted in these circumstances.

[dead_onion]

not sure what "possesion of CDS" means.
My case involved multiple domestic violence convictions, robbery, and drug charges.

[Dogmatique]

Onion - seriously, your circumstances are markedly different from the OP's. Let's not confuse the thread, eh?

[jk]

possession of cds= possession of dangerous controlled substances. i.e. drugs. Without more description, it is not likely to result in a no contact order.

In your case, the domestic violence was probably adequate to garner the no contact order.