• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

overnight guests when the children are there

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

confused77

Junior Member
What is the name of your state?Arkansas

My boyfriend is divorced with two children. His ex-wife has custody and he has visitation every other weekend. The ex-wife says that it is against the law for me to spend the night when the children are visiting. Is this true? She also said that she is going to modify the original divorce agreement to say that he cannot have overnight guests. Can she do this? We are talking about moving in together, but not if this is going to cause him not to be able to see his children. Please help me understand this!
 


LdiJ

Senior Member
confused77 said:
What is the name of your state?Arkansas

My boyfriend is divorced with two children. His ex-wife has custody and he has visitation every other weekend. The ex-wife says that it is against the law for me to spend the night when the children are visiting. Is this true? She also said that she is going to modify the original divorce agreement to say that he cannot have overnight guests. Can she do this? We are talking about moving in together, but not if this is going to cause him not to be able to see his children. Please help me understand this!
I sincerely doubt that it is against the law for you to spend the night when the children are there. However, it is quite possible that a judge would order that neither parent could have overnight guests of the opposite sex when the children are present. It is very common for that to be in orders.

You could probably still live with dad...but you would have to stay elsewhere on the nights the kids were spending the night.
 

haiku

Senior Member
unless it is already in your S/O's orders, there is no law as to what parents can do with thier time.

Certainly she could attempt to modify the order, but your S/O could fight it, and/or request the same of her,and very likely win. (and I would charge her my legal fees for the frivolity of it all)

Here up North, courts really don't get into policing others morality, it is considered a BIG time waster in court. but some of these southern posts scare me.......
 
B

bradybunchmom

Guest
myob nosy

tell your ex that you dont butt into her personal life, she shouldnt butt into yours.
 

casa

Senior Member
confused77 said:
What is the name of your state?Arkansas

My boyfriend is divorced with two children. His ex-wife has custody and he has visitation every other weekend. The ex-wife says that it is against the law for me to spend the night when the children are visiting. Is this true? She also said that she is going to modify the original divorce agreement to say that he cannot have overnight guests. Can she do this? We are talking about moving in together, but not if this is going to cause him not to be able to see his children. Please help me understand this!
I believe this is a discretional issue with judges- and much of that is resultant from geography. ie; in CA a judge would be irritated this was brought up at all...but as Haiku said above, some states still utilize this restriction.

The restriction or Cohabitation Order has to be in the court order. Currently it isn't- but if Mom is willing to spend the time and money to file, it might be in the future.

It may be best to not stay the night when the children are visiting- or decide if this relationship is worth marriage. Whatever the father chooses, it should be his first priority that he keep his visitation rights.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top