– from Kathy P. in Ottawa, WI

Question Details:

I am technically still married, but I have been separated for almost a year. I was given custody during the separation. My soon-to-be-ex-husband says that he will have the court order me to end my relationship with my current boyfriend or order me to give custody to him. Can a court order me to stop seeing my boyfriend on the threat of taking my kids from me?

Family Law Attorney Response:

Your relationships are protected by the first amendment under Freedom of Association. Further, your husband would have prove that taking the children from you is in the best interest of the children, not him.

There are different things that the court will consider when rendering their judgment, so I would need more details in order to provide you with the most likely outcomes.

However, in the case of Schwantes v. Schwantes, 121 Wis. 2d 607, 360 N.W.2d 69 (Ct. App. 1984), a situation occurred where the court erroneously ordered the mother to end her relationship. She did not comply and the courts gave custody to the children's father. The mother appealed, and the decision was reversed.

Contact a lawyer right away for guidance and representation through this ordeal. They will give you information specific to your case based on your situation.

Trisha Festerling, J.D.

Family Law Attorney

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