QUESTION
Can my ex dictate that there are no overnights with girlfriend after?
Asked on Jan 12th, 2013 on Divorce - Colorado
More details to this question:
My ex want it so that no one of the opposite sex can be around my sons. I am not a drug user or a drinker I have never hit her or the kids. All I did was raised her son as my own. And now she that she cheated right after my son was born. And I am ready to move on with my life and sex trying to block any contact with whomever I am seen.
9 ANSWERS
Steven D. Dunnings
It must be in the Judgment of divorce to be enforceable This e-mail is covered under the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
Answered on Jan 15th, 2013 at 8:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your question is a little rambling. If you are the biological father, you should go to court and get a court order giving you joint custody. If you are not the biological father, then, unless you have grounds to be the guardian, the mother can make any requirements she wants to let you see her son. She is giving you a gift in that case and you have no say.
Answered on Jan 15th, 2013 at 1:35 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally not, unless it was specified in the judgment. However, it is not a good idea to introduce your children to new social friends unless you are very serious, as they can become attached to them.
Answered on Jan 15th, 2013 at 1:35 AM
The court is unlikely to agree with the request to restrict who is around your children so long as that person is not a danger to the children. However, you should show restraint in exposing your children to those you date until the relationship is serious.
Answered on Jan 15th, 2013 at 1:34 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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She cannot dictate what is NOT in a judgment of divorce or a Order for Parenting Time that covers your child..So do not agree to any order dealing with parenting time that is contains any of that type of language. If she withholds your court ordered parenting time for any reason not in the Court Order (such as if you do not voluntarily agree with her "restrictions") you will be able to file a motion in the court which has jurisdiction over your case (usually the same court that did all of the original orders) for an "Order to Show Cause" which will allow the court to order your parenting time and get her in trouble with the court.
Answered on Jan 15th, 2013 at 1:33 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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She can't dictate that unless she gets a court order. If you don't have a court order on visitation, file a paternity action and file for a hearing on child custody and visitation.
Answered on Jan 15th, 2013 at 1:31 AM
Theodora B. Fader
Only the court can impose restrictions on the persons you may have your children around. Some judges will order that neither party may have an unrelated member of the opposite sex overnight during parenting time and some will not order this. That being said, you may want to limit your children's exposure to people who you are dating simply because the children may become attached to that person and suffer a loss if things do not work out and she is no longer around.
Answered on Jan 15th, 2013 at 1:31 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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What does the agreement say? Do you even have an agreement? No judge would put this type of condition on you.
Answered on Jan 15th, 2013 at 1:30 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It isn't clear whether your question applies to your step-son or a child of both you and your ex-. However, you have no legal rights regarding a step-son and if there is no court order declaring you to be the father of a second child and giving you specific parental rights, you have no rights and are stuck with whatever rules the mother wants to impose until such time as you get a court to establish rules that she has to follow too.
Answered on Jan 15th, 2013 at 1:30 AM