Family Matters

Can My Ex-Partner Still See My Kids?

After a couple divorces, one or both parties may enter into a new romantic relationship, which can become complicated when there are children from the marriage involved. Even more complicated is when a parent introduces a new partner to the kids only later to end that romantic relationship. The new partner (now ex), though not biologically related to the children, may have developed a bond or relationship with them that would allow him or her to pursue certain custodial rights to continue seeing the kids.

In Pennsylvania, this is done by seeking in loco parentis standing to pursue a custody action for some form of custody of the children.

If you or your co-parent intend to introduce a romantic partner to your children, you should keep the following in mind as the relationship develops:

1. What is the nature of the relationship between the children and partner?
2. How long did the relationship last? How often were the children and partner interacting?
3. Did the partner live with the parent and children?
4. How were the children and partner interacting – was the partner taking on parental responsibilities (i.e. feeding the children, bathing the children, taking them to school) – or was the partner’s role more like that of a babysitter?
5. Did both parents consent to the relationship between the child and partner?
6. Was the partner involved in significant decisions for the child (i.e. education, religion, healthcare)?
7. Is the partner listed on any paperwork for the children where a parent may be named?
8. Did the partner attend the children’s doctor appointments, school conferences, etc., that typically only parents would attend?
9. Did the partner and children develop a strong psychological or emotional bond?
10. Did the partner pay for any expenses of the children?

The depth of the relationship that your children develop with the partner can impact whether that person later may have custody standing in the event of a breakup. Third-party custody litigation can be complicated and nuanced. Obermayer family law attorneys are experienced in handling these complex matters. For more information, set up a consultation with an Obermayer attorney today. 

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.