Does my ex-wife have a say on who I choose to date or marry?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does my ex-wife have a say on who I choose to date or marry?

I’m a 28 year old male divorced male with a 6 year old son and a  4 year old daughter. I have been divorced 1 year and am now dating a 17 year old young woman in college. Age of consent in my state is 16, although we are not intimate sexually. My ex has primary custody of the kids and I have them 3 days a week and pay child support. My kids are unaware we are dating but they know her as a friend of our family and love her dearly. If we were to choose to marry before she turned 18, with notarized parental consent, can my ex do anything about it legally? Specifically, can she gain full custody if I marry one she feels is too young to care for our kids? Our situation may not be widely accepted socially but no laws have ever been broken.

Asked on August 20, 2011 Nevada

Answers:

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

Answered 12 years ago | Contributor

The way that you have phrased this question it appears that you are a well spoken person who reasons logically as well. The age of consent does not matter really so get that out of your head.  So you realize that any sexual contact with her at this point would be considered statutory rape as well as a whole host  of other offenses that you could be charged with: endangering the welfare of a minor, etc.?  Ok good.  Now, your ex wife does not have a say on whom you can marry.  But she can back door this issue in to a custody matter.  How, may I ask?  By advising the court that you like to date minors.  See where this is going?  She can petition the court for modification of the agreement based upon her concern for the safety of the children.  Not that this has anything to do with your kids.  It is just something that I can see as potentially problematic.  So why not just cool it until she turns legal.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption