If my ex-husband is living with his girlfriend and she has a criminal record, is there anyway I can have a say about her being around my children?

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If my ex-husband is living with his girlfriend and she has a criminal record, is there anyway I can have a say about her being around my children?

Asked on September 22, 2011 under Family Law, South Carolina

Answers:

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

Answered 10 years ago | Contributor

You should discuss the issue with an attorney in your area.  You need to see what the court considers to be a situation in which the children would be at risk or in danger and what criteria they use to asses the situation.  If she has a record for being convicted of DUI or DWI and she drives your kids around, that is an issue.  If she has a record for a violent felony then that will be an issue.  If she has a disturbing the peace misdemeanor conviction then maybe that will not be an issue.  It depends on the facts of the case.  But if the facts are in your favor then you can make a request that the court issue an order regarding the situation and visitation.  Good luck. 


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