Can it be stipulated in a divorce proceeding that if the future ex-wife brings her ex-felon boyfriend around her children she will lose custody?

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Can it be stipulated in a divorce proceeding that if the future ex-wife brings her ex-felon boyfriend around her children she will lose custody?

Asked on January 5, 2012 under Family Law, Rhode Island

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Divorce decrees with child custody orders can only address current situations.  This means that an custody order cannot guarantee a result based a future event like you describe because other factors could affect who gets custody.  Regardless of what state you live in, judges will base their decision on who gets custody and who gets visitation rights on factors designed to assess what is in the best interest of the child.  This does not mean that you are without options though.  You can include in the divorce decree that certain persons not be allowed around the children, namely the ex-felon boyfriend.  If she violates this order and the nature of the boyfriends conviction is such that is exposes the children to danger, then both issues could be factors the court would take into consideration in removing the children from her custody.


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