My wife and are finally going through our divorce. My wife was in rehab from 4/25/07 – 7/21/07. When we filed our paper work we put in the paper work that our kids could not be around anyone she came to know from rehab. The judge asked her if she was pregnant. She answered him by saying no. We decided that day to hold off on our divorce for 10 days to make sure this is what we wanted. The next night (10/10/07) we sat down to talk. She told me that she was pregnant by a man she came to know in rehab (became pregnant in late June). This man falls under the group of people that can not be around our kids. We tried to work through some things but she is in love with him. She told me this week that she would not take me back to court. He does not understand why he can’t be around my kids. He tried to get her to lie and say they met in March but she would not do it. I don’t know if they will be together or not down the road. By August she will have joint custody of our kids (phase in, one day every 2 months). I know he is trying to talk into taking this back to court. I do not know this man other than a few phone calls. He has a very bad mouth when he gets mad at me or her. I have heard this 3 or 4 times myself on the phone. I found out today we can not get our divorce until after the baby is born in March.
Can he take me to court? What are my odds of keeping him away? What should I do?

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Originally Posted by dan221

My wife and are finally going through our divorce. My wife was in rehab from 4/25/07 – 7/21/07. When we filed our paper work we put in the paper work that our kids could not be around anyone she came to know from rehab. The judge asked her if she was pregnant. She answered him by saying no. We decided that day to hold off on our divorce for 10 days to make sure this is what we wanted. The next night (10/10/07) we sat down to talk. She told me that she was pregnant by a man she came to know in rehab (became pregnant in late June). This man falls under the group of people that can not be around our kids. We tried to work through some things but she is in love with him. She told me this week that she would not take me back to court. He does not understand why he can’t be around my kids. He tried to get her to lie and say they met in March but she would not do it. I don’t know if they will be together or not down the road. By August she will have joint custody of our kids (phase in, one day every 2 months). I know he is trying to talk into taking this back to court. I do not know this man other than a few phone calls. He has a very bad mouth when he gets mad at me or her. I have heard this 3 or 4 times myself on the phone. I found out today we can not get our divorce until after the baby is born in March.
Can he take me to court? What are my odds of keeping him away? What should I do?

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I don't see any situation where HE could take you to Court; you and he have no legal relationship. Why is HE angry with you?

Quite the contrary - it would appear he is harassing you.

Did the Judge order that she not have your children around anyone she came to know in Rehab or was this just a discussion? If it's an Order, that's how it is and your wife would be in violation if the kids are around this man.

You are going to have to decide what you want to do and probably go back to Court to do it if she is in violation - or wait until March (at the time of the Divorce hearing) and discuss it with the Court then.

This was put into our paper work by me and my wife. Once the judge allows the divorce it will be part of our settlement.

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Originally Posted by dan221

This was put into our paper work by me and my wife. Once the judge allows the divorce it will be part of our settlement.

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So at the moment it's an agreement between the two of you and nothing is binding -

Has the Judge ordered that someone be appointed to appear on behalf of your children?

No, the judge has not ordered anyone to be appointed on behalf of our children. This is an agreement between the two of us. I am running a background check on him.

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Originally Posted by dan221

No, the judge has not ordered anyone to be appointed on behalf of our children. This is an agreement between the two of us. I am running a background check on him.

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Depending on how you are running the background check you could be considered to be harassing him - just a warning.