My STBX husband and I are currently in the divorce process. We both have new significant others, neither of whom has yet met our elementary-age kids. My new boyfriend is a convicted felon who has spent time in prison. His last offense was in 2007 and since then he is a changed man: runs his own business, owns a home and has committed no further crimes. His felonies are property crimes - larceny and uttering/publishing. Ex-husband is determined to keep the kids away from him based on past criminal history, regardless of the nature of the crimes and his clean record for over 10 years. He wants it written into our divorce papers that he is never allowed around our kids . Is this possible/likely to be approved by a judge? We are in Michigan.
Please hire a lawyer immediately. You do not have to agree to the request. But if your husband insists, this is an issue that will end up being decided by the judge. You want to make the strongest possible showing. To do that, you will need a lawyer.
Depending upon your situation, you may be able to get the court to order your husband to pay some portion of your legal fees.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
Mr. Conway has given you sound advice. Do not agree to anything without benefit of legal counsel. If this matter is put to the judge to decide, you will need a good record of your boyfriend's criminal history and rehabilitation so start gathering that information now. Meanwhile, you are wise to delay introducing the children to your boyfriend as that will make clear to the judge that you are putting the children first and also gives you more time to assess his character. Best of luck to you.
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