Should We Split Up Until the Custody Battle Ends?

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My boyfriend’s ex-wife is taking him to court to try to gain custody of their two children. He is fighting this of course, but when we got the discovery from his ex-wife’s attorney, there were lies about my boyfriend’s relationship with me, and that us being together is bad for the children. My question is, if we separate for the children’s sake, and the sake of this custody battle, would it be a problem if we get back together after the custody battle is over, especially if we win? We were told it would be best if we weren’t together for the case because all the things she says about us wouldn’t really apply anymore, but I’m worried if we get back together once this is over, and especially if we win the battle, that she could re-open the case because we are back together again and use that against him.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

If your boyfriend intentionally splits up with you under fraudulent pretenses to better his child custody position, and falsely declares under penalty of perjury that he no longer has domestic relations with you, then he may be held in contempt of court for perjury. This could result in criminal prosecution against him for committing false statements under oath in addition to hampering his child custody request.

Based on the information you provided, it appears as though you do not want to split up. His best option is to contest the allegations opposing counsel has asserted against him.

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Author: House Attorney