Can the Court Take Custody Rights If You Are in a Relationship During a Divorce?

Your relationships are protected by the first amendment under Freedom of Association. Further, your husband would have proved 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.

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