What if My Ex’s New Partner Puts My Child at Risk in WI?

 Posted on September 29, 2025 in Family Law

The divorce is (finally) over, and custody decisions have been determined. Despite a somewhat contentious divorce, you and your ex have settled into co-parenting with very few glitches. Then your children return from a weekend with your ex with stories about mom’s new boyfriend, who, apparently, really likes to drink and gets "loud and scary" when he does.

Difficult as it may be, remaining calm is crucial. Your first step should be to relay to your ex what the children said and ask whether it is true. You may or may not receive an honest answer, but a court will expect you to at least attempt to work out the issue between the two of you before you ask the court to make a decision.

The best interests of the child are always the guiding principle for Wisconsin family courts, but proving a new partner poses a risk can be complex. Judges must weigh parental rights, custody agreements, and hard evidence of harm before deciding whether restrictions are appropriate. If you truly believe your ex’s new partner is a risk to your child, the best step you can take is to speak to an experienced Dane County, WI child custody lawyer.

What if There Is an Immediate Threat to Your Children?

If you have solid evidence that there is an immediate and serious risk to your children, you must act swiftly. Contact a Wisconsin family law attorney immediately and file a motion for a temporary order that restricts the partner’s contact with the children. Depending on the circumstances, you can also report the situation to the police or to Child Protective Services. What you cannot do is prevent your ex from seeing the children without court approval.

What Do the Courts Consider "Harmful" Behavior?

You will be required to provide substantial evidence to the court to prove that your ex’s partner’s behavior or history poses a risk to your child’s emotional development or safety. There is a high burden of proof, as courts are reluctant to restrict a parent’s right to spend time with their child without clear evidence that the new partner is a risk.

Unsubstantiated accusations will not be looked at kindly by the court, so always focus on your child’s safety rather than a personal dislike of the partner. The following (provable) scenarios would definitely be considered harmful to a child:

• The partner was driving your children while under the influence of alcohol or drugs.  

• The partner has a criminal record for a violent offense.

• The partner has consistently undermined your relationship with your children.

• The partner is careless with the children’s access to drugs or weapons in the home.

• The partner has a history of physical, sexual, or emotional abuse, is a registered sex offender, or has a conviction for child abuse.

What Should You Do if You Have No Direct Evidence of Harmful Behavior by Your Ex’s Partner

Suppose you suspect a harmful environment but have no direct proof. In that case, you must keep a detailed record of specific incidents, including dates and times, along with evidence in the form of photos, videos, or witness accounts. Other evidence could include court records, medical records, police reports, a criminal record, former allegations of child abuse or neglect, or documented instances of the partner’s substance abuse.

What Can You Do with Solid Evidence of Harmful Behavior?

When you have evidence of the partner’s harmful or potentially harmful behavior, your attorney can file a motion to modify custody or placement, requesting supervised visitation for your ex or restrictions on the children’s contact with the partner. If the court believes there is an immediate danger to the children, it may issue emergency relief. The judge will evaluate the evidence and listen to testimony from both parents (and possibly the child).

Contact a Rock County, WI Family Law Attorney

If you believe your ex’s new partner poses a danger to your child, speak to a Dane County, WI child custody lawyer from John T. Fields & Associates, LLC immediately. Attorney Fields will help you gather evidence, file the appropriate motions, and advocate aggressively for your child. Call 608-729-3590 to schedule your initial consultation.