If our divorce is not yet final and my spouse isdating someone, can I stop him or is there at least some ways to prevent having our boys around her?

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If our divorce is not yet final and my spouse isdating someone, can I stop him or is there at least some ways to prevent having our boys around her?

Asked on July 15, 2011 under Family Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) No, you can't stop him from dating someone else--the law does not let one adult control the social, romantic, etc. behavior of another, even a spouse.

2) You can't keep her away from your boys, unless she poses some sort of threat to them. If she may--e.g. she has criminal record; she has threatened or hit them or your husband; she has behaved in a sexually inappropriate way around them (not just possibly having sex with your husband, but, for example, walking around nude or in lingerie in front of children); etc.--then you might be able to go to court to get a protective or restraining order of some kind.

3) Your husband's behavior in exposing his sons to a new romantic partner before fully divorced, especially if there is anything inappropriate or dangerous about her or her behavior, is something that may be taken into account in custody and visitation.


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