One of the more difficult custody issues to navigate following a divorce is the introduction of a new significant other. In some cases, the former spouse may believe it is not good for the children to be around a new partner and seek to withhold custody. And while there may be good reasons an ex does not care for the new partner, without some emergency court order issued by a judge, custody terms are spelled out by court order and cannot be unilaterally changed by either party.
The court operates from the presumption that both parents will work to protect the children above everything. In general parents will be allowed to make choices about their personal life without impacting custody, and without putting children in harms’ way. Further, it is only in very limited circumstances where an ex can prove that the children are in danger, that a court would issue an order temporarily changing custody. It may be frustrating, and even emotionally difficult, not to be able to prevent the children from spending time with a new significant other, but respecting the choices made in one another’s households is what courts will default to in the absence of objective harm.
For additional information about custody issues, please contact the Sandberg Phoenix family law team for a consultation.
