Divorced or separated parents generally live apart from one another but continue to share custody. As long as the courts determine that continued relationships with both parents are in the best interests of the children, there is an expectation that both parents should cooperate with one another to uphold a shared custody schedule.
While the situation can be challenging at first, everyone may eventually adapt to the new household circumstances. Everything may change abruptly when one parent starts a new relationship. Especially if their new partner moves in with them or they rely on their new boyfriend/girlfriend to provide child care for the children, co-parents may worry about exposing their children to a stranger who may be unstable or downright dangerous.
Do the Massachusetts family courts modify custody orders in cases where there are disputes about new partners coming around shared children?
There is a high standard imposed for contested modifications
A parent asking the Massachusetts courts to review and adjust an existing custody order generally needs of compelling evidence to support their claim that a change is necessary to uphold the best interests of the children. Simply disliking a co-parent’s new partner is not an adequate reason to ask the courts to change the allocation of parenting time or make other significant modifications to an existing custody order.
The parent requesting the modification must show that the current arrangement could endanger the children due to neglect, abuse or instability. They need evidence that they can present in court that the situation puts their children at risk. Gathering that evidence can be a challenge, as parents typically cannot speak negatively about one another to the children without risking accusations of parental alienation or causing extreme stress for the children.
There are ways for concerned parents to gather documentation. Collecting police reports and information about prior criminal convictions can show the courts that an individual is unstable or dangerous. Documentation proving a history of substance abuse, ranging from criminal charges to inappropriate social media posts, could also be helpful.
Social media posts can also help support claims of an unstable home environment that could endanger the children’s mental health. The specific evidence needed to convince the courts that intervention is necessary depends in no small part on the reasoning behind the modification request. If the courts agree that a new partner poses a risk to the children, they may reduce one parent’s time with the children or impose restrictions on overnight visits with a romantic partner while the children are present or leaving them in the care of new romantic partners.
Those concerned about the impact that new relationships may have on their children likely need to discuss the issue with a family law attorney. Guidance from a legal professional can make it easier for parents to successfully request Massachusetts custody modifications.