Can I Date Other People While Going Through A Divorce? Will This Impact Custody For My Children?
Dating other people during a divorce should not necessarily impact your ability to obtain timesharing with your child. However, the other spouse may use it against you. It is important to remember that when your children are with you, they will be watching what you do, listening to who you’re talking about, and paying attention to whom you introduce them to. What a child says about one parent to the other parent during a divorce can lead to problems, so if your goal is to resolve the divorce case as quickly as possible with as little drama as possible, then bringing another person into the situation would be unwise.
If I Want To Protect My Children From My Spouse’s Friend, Family Member, Or New Significant Other, Can I Request An Order From The Court Before I Even File For Divorce?
Prior to filing for divorce, you have the option of filing for a domestic violence injunction. However, there must be a basis for doing so, such as an imminent fear of bodily harm, an incident of domestic violence, or a history of domestic violence. If there is no cause for the domestic violence injunction order, then having requested one could be used against you in the divorce proceedings.
If your spouse’s family member or friend is acting in a way that is detrimental to your children and you do not want that person around your children, then you would need to file for the dissolution of marriage along with an emergency motion. Based on the evidence provided, the court would determine whether the family member or friend in question is a detriment to the children. If a domestic violence injunction is entered, then the family member or friend would have to stay at least 500 feet away from the children.
I Want To See A Therapist Before And During My Divorce; Is This Something My Ex-Spouse Can Use Against Me?
When determining the best interests of children, the courts consider the mental health status of each parent. The courts also understand that the divorce process is an emotionally challenging time for most people, so they do not discredit people simply on the basis of them having seen a therapist. In addition, the courts are well aware that many parents have some form of mental illness (e.g. depression, bipolar disorder) and that this can be used by one spouse against the other. With that said, the courts will consider whether one or the other spouse has a significant history of mental illness that is associated with heavy usage of medication or incidents that could be detrimental to their children.
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