What is the name of your state (only U.S. law)? NC
I know you've all seen this question way too many times, but I couldn't find one that covers my situation. If I missed it, I apologize, please point me to a link or I'll search again and go through the results.
Anyway, my issue is that when my daughter was born her mother and I made our own parenting agreement where we share joint custody, her mother has primary physical custody and I have visitation rights. One of the clauses in this agreement is that neither of us is allowed to have a non-related member of the opposite sex stay overnight "under the same roof". I don't have the full exact wording right now, but if it is important I can get the document out of the safe and post it. The gist of it though is that no one of the opposite sex is allowed to spend the night in the same house (so not even on the couch).
Her mother is now married, and did not live with or even stay overnight with her current husband before they were married, so far as I know. I have a girlfriend of 5 years who has lived with me for quite some time now. My family only sees my daughter when I have her, so we go out of town to visit them often. But, when I have my daughter at my apartment my girlfriend cannot stay overnight. This is obviously quite a burden, and I would like to change it.
I know though that there is no way my daughter's mom will agree to changing it without taking her to court. When she thought we might be breaking the rule she got really angry. Although, when she asked me about it she thought we were "sleeping in the same room" which is the part that made her angry. My question is, what are the odds that it would actually be removed from the agreement by the court? Is there any precedent for it being removed, or would I have no choice but to convince her to do it willingly?
It is also important to note that I found out recently that during the past 3 years my ex and her husband have a friend who rents a room in their house. Technically, allowing him to sleep there overnight is against the agreement as it is currently worded. The reason for adding the clause was clearly only to prohibit having any sort of relationship partner stay overnight while my daughter is present, but the way it's worded prohibits even opposite sex roommates in other rooms of the house.
Also to note, the law against cohabitation in NC was overturned in 2005, so that law was active when I signed the agreement, but is not active now. I don't know what bearing, if any, that would have on the decision.What is the name of your state (only U.S. law)?
I know you've all seen this question way too many times, but I couldn't find one that covers my situation. If I missed it, I apologize, please point me to a link or I'll search again and go through the results.
Anyway, my issue is that when my daughter was born her mother and I made our own parenting agreement where we share joint custody, her mother has primary physical custody and I have visitation rights. One of the clauses in this agreement is that neither of us is allowed to have a non-related member of the opposite sex stay overnight "under the same roof". I don't have the full exact wording right now, but if it is important I can get the document out of the safe and post it. The gist of it though is that no one of the opposite sex is allowed to spend the night in the same house (so not even on the couch).
Her mother is now married, and did not live with or even stay overnight with her current husband before they were married, so far as I know. I have a girlfriend of 5 years who has lived with me for quite some time now. My family only sees my daughter when I have her, so we go out of town to visit them often. But, when I have my daughter at my apartment my girlfriend cannot stay overnight. This is obviously quite a burden, and I would like to change it.
I know though that there is no way my daughter's mom will agree to changing it without taking her to court. When she thought we might be breaking the rule she got really angry. Although, when she asked me about it she thought we were "sleeping in the same room" which is the part that made her angry. My question is, what are the odds that it would actually be removed from the agreement by the court? Is there any precedent for it being removed, or would I have no choice but to convince her to do it willingly?
It is also important to note that I found out recently that during the past 3 years my ex and her husband have a friend who rents a room in their house. Technically, allowing him to sleep there overnight is against the agreement as it is currently worded. The reason for adding the clause was clearly only to prohibit having any sort of relationship partner stay overnight while my daughter is present, but the way it's worded prohibits even opposite sex roommates in other rooms of the house.
Also to note, the law against cohabitation in NC was overturned in 2005, so that law was active when I signed the agreement, but is not active now. I don't know what bearing, if any, that would have on the decision.What is the name of your state (only U.S. law)?
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