Visitation When Your Former Spouse Has A Live-In Girlfriend
Question: I have been divorced for several years. My Divorce Decree states that neither party can have the persons of the opposite sex spend the night when the children are present. My ex-husband now wants to move in with his girlfriend. If he moves in with her, do I still have to send my children for visitation or can I withhold visitation until they get married?
Answer: The old adage "two wrongs don't make a right" comes to mind. If his girlfriend is there overnight when the children are there, he clearly is violating the Order and subject to being held in contempt of court. However, if you refuse to send the kids and deny his visitation, you would be violating the Order as well and could possibly subject yourself to being held in contempt. Your best course of action is to remind him about the prohibition on having overnight guests of the opposite sex and to immediately file a contempt action if he violates the Order.
Answer: The old adage "two wrongs don't make a right" comes to mind. If his girlfriend is there overnight when the children are there, he clearly is violating the Order and subject to being held in contempt of court. However, if you refuse to send the kids and deny his visitation, you would be violating the Order as well and could possibly subject yourself to being held in contempt. Your best course of action is to remind him about the prohibition on having overnight guests of the opposite sex and to immediately file a contempt action if he violates the Order.
I have a 3.5-year-old daughter, and her father and I share custody though we have never been to court to establish a formal custody arrangement. It has recently come to my attention that he has been allowing his new girlfriend to spend time alone with my daughter and has had her sleeping over during his visits with my daughter despite my having asked him not to do so as I find this inappropriate behavior that is confusing to my daughter, who sleeps in the same room with them. What, if any, are my rights in this situation?
Thank you in advance for your help.
I would like to know the answer to the question of April Blum's about my child being with their dad and he has the girlfriend living with him and our son is visiting him. What are my rights in this situation? I think its inappropriate to have the opposite sex there when your child is suppose to be spending time with you.
I am facing a similar situation although our divorce process has just barely begun. After giving up on repairing a marriage with my husband who had been having an affair with one of my friends for the past two years I asked him to leave (he was still seeing her). We have a 7 yr old which is the only reason we were (I was) still trying to work things out. He has moved in with the Xfriend and after only one week of being out of the house has brought our child around the "other woman". I am really having a hard time with this and our child is upset about it when with me, but is scared to say so around dad. she doesn't want to see either of us upset. At some point in this process I know and understand that this is going to happen, but one week after he moves out, and it is obviously hurting our child. She has so much to try and deal with right now without also having to "be happy" with daddy's girlfriend. I haven't yet met with an attorney am trying to get something scheduled...help I really need advice on this. I don't want to sound like a petty bitch soon to be x-wife, but I just can't see how this can be acceptable so quickly. What are my rights at this point?
I'm the other side of the story. I was the other woman. I did not live with my boyfried during his separation or for the next 6 months to a year. Two years ago I moved in. The first year I left at night on the visitation weekends, while I built a relationship with their son (now 8.) The past year, I've been there all the time during the visitation. Their son and I have a good relationship. Now the ex-wife is threatening to take my boyfriend (we're now engaged) to court if I stay overnight. She has also threatened to keep their little boy from his father until we comply or go to court. We were planning to get married in December, but now we have to consider moving our wedding date. Can she keep the child from his father in this case? What can we do legally?