Tennessee Dad
Junior Member
What is the name of your state? Tennessee
I am recently divorced in March 2007 from my four sons' mother. We were married 13 years and separated 3 years before the divorce was final. The "Marital Dissolution Agreement" and the "Permanent Parenting Plan Order" were both agreed. There was mediation, but no trial. I, the father, am the "non-primary residential parent". In other words, I have the boys every other weekend and two weeks during the year.
The parenting plan includes the following statement:
"There shall be no overnight adult visitors, unrelated to the parties (as defined by Tennessee law), spending the night when the children are present."
Now, my male partner (lover, boyfriend, etc.) are considering buying a house together. We are considering our options and, among other issues, desire NOT to go against this statement.
The first option is to purchase a house which includes separate living quarters under the same roof. The units are separate with a door between them. If we bought this home, we would place locks on both sides of the door and the two units would remain separate while the children are present. Or, at a minimum, during "bedtime hours".
The second option is to purchase a house with separate living quarters over the detached garage. There is no connection between the two units other than the fact they are on the same property.
In either situation, my partner and I would access any part of the units when the children were not there. And certainly when the children are present, we would sleep in our separate quarters.
For additional information (not necessarily relevant to the legal issue), my partner are not "openly gay" in front of the children, aged 6 - 13. There are NO public displays of affection in front of the children. As far as they know we are just friends. Their mother was obviously upset that I am gay and is not happy that I have a partner and (I believe) she wants them to have no contact with him at all. Currently, my partner and I live together in a home that he owns and I have an apartment across town where I keep the kids when they are with me.
So, my question is:
Would either, both or neither of the two options presented above be considered a violation of the "no overnight visitors" clause in the parenting plan? In either situation, if she contested it, what is the likelihood she would be successful in prohibiting it.
I am recently divorced in March 2007 from my four sons' mother. We were married 13 years and separated 3 years before the divorce was final. The "Marital Dissolution Agreement" and the "Permanent Parenting Plan Order" were both agreed. There was mediation, but no trial. I, the father, am the "non-primary residential parent". In other words, I have the boys every other weekend and two weeks during the year.
The parenting plan includes the following statement:
"There shall be no overnight adult visitors, unrelated to the parties (as defined by Tennessee law), spending the night when the children are present."
Now, my male partner (lover, boyfriend, etc.) are considering buying a house together. We are considering our options and, among other issues, desire NOT to go against this statement.
The first option is to purchase a house which includes separate living quarters under the same roof. The units are separate with a door between them. If we bought this home, we would place locks on both sides of the door and the two units would remain separate while the children are present. Or, at a minimum, during "bedtime hours".
The second option is to purchase a house with separate living quarters over the detached garage. There is no connection between the two units other than the fact they are on the same property.
In either situation, my partner and I would access any part of the units when the children were not there. And certainly when the children are present, we would sleep in our separate quarters.
For additional information (not necessarily relevant to the legal issue), my partner are not "openly gay" in front of the children, aged 6 - 13. There are NO public displays of affection in front of the children. As far as they know we are just friends. Their mother was obviously upset that I am gay and is not happy that I have a partner and (I believe) she wants them to have no contact with him at all. Currently, my partner and I live together in a home that he owns and I have an apartment across town where I keep the kids when they are with me.
So, my question is:
Would either, both or neither of the two options presented above be considered a violation of the "no overnight visitors" clause in the parenting plan? In either situation, if she contested it, what is the likelihood she would be successful in prohibiting it.
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