How to stop an ex-wife from bringing the children around her sex-offender boyfriend?

My fiancé has custody of his 2 kids and his ex-wife has moved in with a sex offender. We do not want the children around someone that fondled a child under 14. Do we have rights to stop her from taking them? She lives 3 hours away from us.

Asked on November 11, 2011 under Family Law, Mississippi


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Oh boy  I am assuming here that your fiance has in effect a custody and visitation order with regard to his children from his marriage to the ex wife, correct?  Then he needs to go and speak with an attorney about modifying the order as soon as he possibly can.  Modifications are generally granted where there has been a change of circumstances and as to children the courts use the standard known as "the best interest of the child."  I think that your fiance has a valid concern here as to the safety of his children and I think that the court will agree. Although it is doubtful  that the court will stop her completely from seeing her children they will - I am sure - modify the arrangement in place to best protect them.  Good luck. 

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