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Arkansas Dad

Junior Member
She was going to try to fight this restriction from being entered into the divorce decree but was advised by an attorney that this clause was mandatory any time divorce was filed on grounds of adultery. Is there something that i'm missing here?
Yeah. The case law I posted which refers to several other cases which explains the history of the clause.
Sorry Ohiogal. I was in-process of making my post before I refreshed again and saw yours.

Thank you for that info!
 


Ohiogal

Queen Bee
Sorry Ohiogal. I was in-process of making my post before I refreshed again and saw yours.

Thank you for that info!
That is okay. But case law defines what that clause means and basically it means no unrelated romantic individuals living or residing at the residence when the children are there. The HOURS do not matter. If the person spends the night there and calls it home then it is not allowed -- even if he works the overnight shift. It is contempt.
 

Arkansas Dad

Junior Member
That is okay. But case law defines what that clause means and basically it means no unrelated romantic individuals living or residing at the residence when the children are there. The HOURS do not matter. If the person spends the night there and calls it home then it is not allowed -- even if he works the overnight shift. It is contempt.
Again, Thank You. I realize that this might be splitting hairs however, would that apply in my case since the decree does not specifically prohibit cohabitation only overnight visitation.

I'm sorry if this is a stupid question however it was not fully explained to me when the papers were signed. And I don't mean to beat a dead horse either but, please understand that it was this very type of behavior that allowed me to very easily gain emergency custody when I originally filed for divorce.
 

LdiJ

Senior Member
Again, Thank You. I realize that this might be splitting hairs however, would that apply in my case since the decree does not specifically prohibit cohabitation only overnight visitation.

I'm sorry if this is a stupid question however it was not fully explained to me when the papers were signed. And I don't mean to beat a dead horse either but, please understand that it was this very type of behavior that allowed me to very easily gain emergency custody when I originally filed for divorce.
You would have to consult with a local attorney to be certain on the cohabitation. No one here practices in Arkansas, in your community, and understands the climate of YOUR courts. You are in the Bible Belt so it very well could be a significant factor, but you need advice from a local attorney, even if you do not actually hire the attorney.

You still need to understand that if she ups and marries him, that it takes all the wind out of your sails.
 

futuredust

Senior Member
I personally know someone who was taken back to court for modification of custody. She lost because she had over night guests, who did not reside in her home, the child got two D's in school- and dad was remarried and could provide a stable home life.

It states in the order:
she has engaged in "immoral" behavior which invoked the rule found in caldwell v caldwell . she spends the night with members of the opposite sex who are not related by blood or marriage with the minor child present. She has also engaged in weird internet behavior which makes the court question her priorities. Regardless of fault the child is not doing well and almost failed school last year and is not doing well this year. The father is married and better able to provide him with a stable home life. Court does not make a finding that mother is not a good mother.
Her weird internet practice?.. She was on several dating websites, match.com and the like. Her judge was aprox. 70 years old. The boyfriend who spent the night with her on occasion, aprox every 4 weeks, was long gone by the time they went to trial. The men she talked to on the internet dating sites, well at least three were actually ex husband & new wife, pretending to be some random man. All brought out in court, and argued by the GAL that if the court was going to fault mom they should fault dad and stepmom for being the other participant. GAL was very adamant child should not be with dad, and that it would be damaging to the child.
 

futuredust

Senior Member
Mom and dad actually lived together outside of marriage, twice. The lived together, married, divorced.. lived together again, married, then divorced. Dad and new wife also lived together for some time without marriage, and dad actually cheated on mom with the new wife while they were still married and living together.

Mom later, after this happened, started seriously dating someone, they then lived together for a short period but dad threatened to take her back to court to remove visitation. So she married him.
 

penelope10

Senior Member
Agree that if Mom is not following the order that she is in contempt. However, do not be surprised if she and BF end up tying the knot. Sounds like she and bf have made an attempt for the children not to be aware that he is sleeping over, however, she's still in contempt. Like I said there may be a race to the alter once a motion is filed. Then he'll have every right to spend the night.
 

LdiJ

Senior Member
Agree that if Mom is not following the order that she is in contempt. However, do not be surprised if she and BF end up tying the knot. Sounds like she and bf have made an attempt for the children not to be aware that he is sleeping over, however, she's still in contempt. Like I said there may be a race to the alter once a motion is filed. Then he'll have every right to spend the night.
And in this case, dad already has primary residential custody...and its unlikely that the court would take visitation away from mom.
 

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