The Kim Kardashian/Kanye West breakup is a family law topic that keeps on giving. This time, Kanye wrote a (now deleted) Instagram post proclaiming that Kim’s new boyfriend, Pete Davidson, will “never” meet the Kardashian-West children.
In New Jersey, would Kanye actually be able to prevent Pete from “ever” meeting the couple’s children? Absent Pete being a sex offender, drug addict, child abuser, or in some way an actual danger to the children, there is little chance Kanye would succeed on such a request.
A court faced with this decision could decide during the pendency of the divorce to temporarily restrain Kim from introducing the children to her new boyfriend. Whether a court would do that, however, is a fact sensitive question. Based only on the tabloid reports about Davidson being a relatively normal guy who just so happens to date very famous and beautiful women, it is unlikely a court would prevent him from being around the children pre-divorce.
If asked to decide the issue, Court would likely consider this non-exhaustive list of factors:
1) How long have the parties been living separately?
2) How old is the child at issue?
3) How long have the parent and partner been dating?
4) Is the new dating partner already known to the child?
5) Has the child previously been introduced to other dating partners of either party?
6) Does the child have a previously specified diagnosis of a psychiatric, psychological or emotional nature which may require special consideration and attention under the circumstances of the case?
Family law issues like this are very fact sensitive. A whole range of outcomes are a possibility depending on the judge and the facts. It is important for clients to have an attorney guide them through all the potential outcomes.