QUESTION
Can my ex have our judgment modified to prevent me from having guest?
Asked on May 07th, 2013 on Divorce - Texas
More details to this question:
Can my ex have our judgment modified to prevent me from having overnight guest of the opposite sex present in my residence or living with another adult male with whom I am not married while I have my kids in custody? I currently live with my boyfriend and have for about 11 months.
9 ANSWERS
Litigation Attorney serving Jackson, MS
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Derek L. Hall, PLLC
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Nothing prevents him from "fling" to have the custody order modified to include what is commonly known as a "morals clause." Will he be successful? That depends on a number of factors.
Answered on May 14th, 2013 at 5:47 AM
If the decree of divorce does not contain any restrictions involving overnight parent time, and if you have been residing with your boyfriend for 11 months (and presumably having the children with you on an overnight basis), it would be unusual for the court include such a restriction now, unless there are other concerns about your boyfriend such as abuse of the children.
Answered on May 10th, 2013 at 5:15 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Unlikely in this day and age.. for that modification to be made.. it would have to be a very conservative judge to modify an actual court judgment in that manner without proof that it is in the best interests of the kids.
Answered on May 10th, 2013 at 4:12 AM
He can make that request but it is unlikely to be granted unless your "guest' is a convicted felon.
Answered on May 10th, 2013 at 3:50 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Very unlikely unless there is an issue with your boyfriend (example is if he is a registered sex offender).
Answered on May 10th, 2013 at 3:40 AM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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If your current living situation is not detrimental to the well being of your children I would think your ex would have a difficult time in modifying the judgment. However, if your ex has some evidence of conduct that is not in the minor children's best interest, such as domestic violence, drugs or alcohol, (this list is not exhaustive) then there may be grounds for a modification. I would suggest you contact an attorney to discuss your situation in detail.
Answered on May 10th, 2013 at 3:26 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is very doubtful in most jurisdictions, and will not happen in Michigan if you are properly represented.
Answered on May 10th, 2013 at 3:20 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably not, but it kind of depends on the situation. If your guest is someone new every night, then maybe yes, because your child could be in danger. If the guest is a long term boyfriend, then less likely.
Answered on May 10th, 2013 at 3:19 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Your ex is entitled to ask the court to modify the existing order to include such a prohibition. The judge may or may not do so, depending upon what appears to be in the best interests of the child. I suggest you hire a lawyer.
Answered on May 10th, 2013 at 3:16 AM