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Visitation When Your Former Spouse Has A Live-In Girlfriend

Posted by J. Benjamin Stevens | Jan 02, 2008 | 0 Comments

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.

About the Author

J. Benjamin Stevens

Aggressive, creative, and compassionate are words Ben Stevens' colleagues freely use to describe him as a divorce and family law attorney. Ben is a Fellow in the prestigious American Academy of Matrimonial Lawyers, the International Academy of Family Lawyers, and is a Board Certified Family Trial Advocate by the National Board of Trial Advocates. He is one of only four attorneys in South Carolina with those simultaneous distinctions. To schedule a consultation with Ben Stevens call (864) 598-9172.

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