Many people do not want their ex partner’s new partner, spouse, boyfriend, or girlfriend around their child. But is there anything that can be done about this? Generally, no. You cannot dictate who your child is exposed to during the other parent’s custodial time. This blog goes into more detail. Like all of our blogs, this blog is intended for informational purposes only and is not intended as a substitute for the advice and counsel of a family law attorney.
Custody orders set forth the terms of each parent’s legal and physical custody (see below). A child custody order can be extremely specific or very vague. A custody order will rarely prohibit a parent from exposing the child to the parent’s new partner. North Carolina uses the best interest of the child standard in determining child custody. Unless there is a specific reason to dictate whom, the parent is permitted to allow the child to be around, the court will not do so.
Further, the court cannot order parenting styles. It goes without saying that the court cannot order certain romantic partnerships, nor can it terminate the existence of romantic partnerships. Thus, absent a legitimate reason, it would be exceedingly difficult to prohibit a parent exercising his or her custodial time in the presence of that parent’s new boyfriend or girlfriend.
Legal custody versus physical custody
Let’s break down legal and physical custody. When the court make a custody determination, it specifies rules surrounding two different aspects of custody: physical custody and legal custody. North Carolina uses the best interest of the child standard in determining both aspects of child custody. You can read about the differences between physical and legal custody here.
Regardless of how legal and physical custody are split, the party exercising physical custody is generally the party entitled to make the decisions regarding which individuals the child is exposed to during that parent’s visitation.
My ex’s new partner a bad influence
What do you mean by this? Is this person a danger to the child? Is he or she physically or emotionally abusing the child? Are they engaging in activities that could cause harm to the child? If they are every charged with caring for the child, are they neglecting the welfare of the child? If one or more of these things are present, then you might want to bring this to the court’s attention.
If a parent is only allowed supervised visitation, then there are typically more strict specifications regarding the terms of the supervised visitation. Click here to read more. Please note that just because someone has been ordered to have supervised visitations, does not mean that they are barred from allowed from having a new partner be present during the visitations. It really just depends on what the custody order specifies.
Can a parent allow another party to exercise his or her visitation rights?
Yes. Oftentimes, they can. We typically see this in the context of close family members, such as grandparents. Click here to learn more.
If you are in need of a family law attorney in Charlotte, NC or the surrounding area, contact us to learn more.