QUESTION
Can my ex-wife dictate that there are no overnights after the divorce paperwork is final?
Asked on Aug 30th, 2012 on Divorce - California
More details to this question:
Now, that I live with my fiancé she wants to tell me that my fiancé has to leave when the kids come to stay the night.
29 ANSWERS
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
Update Your Profile
It all depends upon what the judgment states.
Answered on Sep 12th, 2012 at 1:32 PM
Suzanne H. Lombardi
In Alaska unless there is something in the paperwork prohibiting it there is no way your wife can keep the children away from you even though you have a guest overnight. She may try to file for modification of custody and if she does she has to show a substantial change in circumstances. An attorney can help you respond to such paperwork so that your custody that is already ordered remains intact.
Answered on Sep 12th, 2012 at 1:32 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
If there is a court order giving you overnights with no restrictions, your ex is bound by that. If she wants to not have your fianc? there, she has to file a motion for that. Keep in mind, however, that courts often don't like children exposed to a new partner soon after the divorce or exposed to unmarried people sleeping together.
Answered on Sep 12th, 2012 at 12:34 PM
Family Law Attorney serving Calabasas, CA
at
Shulman Family Law Group
Update Your Profile
The court makes that order, if appropriate. Depends on age of the kids, etc. She can't make the order herself.
Answered on Sep 12th, 2012 at 12:20 PM
Dennis P. Mikko
If there is no prohibition on co-habitation in the Judgment of Divorce or other final order of the court, your ex-spouse cannot, on her own, dictate that your fiance cannot be there when the kids are there.
Answered on Sep 11th, 2012 at 1:29 PM
This all depends on what the Divorce Decree says. Within the Decree will be a Parenting Plan and other provisions related to what you and your ex must and must not do. Some Decrees do prohibit no overnight stays, others do not. You are your spouse may want to Modify the Decree to include something like that in it, so your ex might want to bring another action against you. For now, I'd look at your Divorce Decree and see what it says in there, or you can send it my way and I can ascertain what you can and can't do, which won't take long at all. Call or email me to find out exactly whether you can have your kids overnight while at your fiances.
Answered on Sep 11th, 2012 at 12:52 AM
William C. Gosnell
Your ex is correct. Marry you fiance then the problem is solved.
Answered on Sep 11th, 2012 at 12:41 AM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
Only a judge can make an order like that. She would have to go to court and show the judge a reason that is bad for you kids other than her feelings.
Answered on Sep 10th, 2012 at 1:20 PM
Probate Attorney serving Arlington, TX
at
Law Office of Eric J. Smith
Update Your Profile
You have a signed decree by a judge. That is the final word. If she denies you visitation or access based on any justification outside of that decree, she is in violation of the order and can be found in contempt of court.
Answered on Sep 09th, 2012 at 4:17 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
She cannot enforce that without it being in the judgment. Get an attorney, you may need to file a motion to enforce your parenting time.
Answered on Sep 09th, 2012 at 3:50 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
If it is not in the divorce judgment .. she cannot dicate it ... she can however file a motion to change the visitation .. which if she wins may affect child support.if she refuses to allow the kids to come to your home and the judgment requires it you should file a motion for an order to show cause why she is not following the court ordered visitation.
Answered on Sep 09th, 2012 at 2:27 PM
Terms of settlement cannot be amended without written agreement by both parties. If she if violating the Court Order, take her back to Court.
Answered on Sep 09th, 2012 at 2:27 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
at
Robert J. Merlin, P.A.
Update Your Profile
Your ex-wife has no power to do that.
Answered on Sep 09th, 2012 at 2:16 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
Unless your divorce decree and parenting plan say something about conditions that must be met, your ex- doesn't have the legal authority to create new conditions only the court can do that. But, you need to recognize that there are legitimate reasons, both morally and practically, that it may not be good for your children to spend time with a stranger, especially one you are not married to. You need to listen to what the mother's concerns are and attempt to work to resolve those concerns; unless she is simply still unable to emotionally deal with losing you (i.e. jealousy) there are good reasons why she may have a valid concern and you should try to accommodate those concerns by moving slowly in changes to the children's life style.
Answered on Sep 09th, 2012 at 9:49 AM
Family Law Attorney serving Temecula, CA
at
Landon Rainwater Robinson LLP
Update Your Profile
If you were awarded overnights your wife cannot modify the order unless you agree. If you don't agree, she needs to file with the court to modify the order. If she withholds the child from you, you need to file. If the court thinks the mother is interfering with the visitation they can change custody if it is in the child's best interest.
Answered on Sep 09th, 2012 at 9:42 AM
Mediation Attorney serving Bloomfield, NJ
at
Cassandra T. Savoy, PC
Update Your Profile
No. If you have a parenting plan ordered by the court at the time of the divorce, that order remains in full force and effect pending further order of the court.
Answered on Sep 09th, 2012 at 9:27 AM
Barbara A. Fontaine
Until you are married again, it would not be a bad idea to have your fiance leave you with the children. She will be a distraction at your visits. And who knows that the relationship will last From your questions, it seems that you are only recently divorced, and too soon to have a fiance. Give the kids your undivided attention at least for quite a while. You will not be sorry.
Answered on Sep 09th, 2012 at 9:18 AM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
at
Timothy Kevin Byrne Attorney at Law
Update Your Profile
Read your divorce agreement. Those types of conditions are quite common.
Answered on Sep 09th, 2012 at 8:38 AM
Divorce Attorney serving Little Rock, AR
at
Law Office of Kathryn L. Hudson
Update Your Profile
If your divorce order states that neither party may have overnight romantic guests when the children are present then yes she is correct, if the divorce order does not state so then no.
Answered on Sep 07th, 2012 at 5:36 PM
Assuming that you behave like an adult in front of your children and your fiance is not a convicted felon or child molestor the court is not going to agree with her demands about the overnight visits.
Answered on Sep 07th, 2012 at 5:35 PM
In similar situations the request by a custodial parent that the noncustodial parent not shack up with a third party is not unreasonable and is, in fact, a proper request. That is neither a safe nor moral environment for a child. However, if that issue is not addressed in the paper work, and the request is made and the noncustodial parent does not comply with the request, the only effective option available to the custodial parent will be an action to modify the decree by restricting the visitation rights of the noncustodial parent.
Answered on Sep 07th, 2012 at 5:34 PM
Not necessarily. If she won't let you keep the same parenting schedule you had before the girlfriend moved in, take her back to court and talk to the mediators about it.
Answered on Sep 07th, 2012 at 5:33 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
She cannot do that once the divorce is final. And should not be doing it now. Get an attorney, is it not obvious that you need one.
Answered on Sep 07th, 2012 at 5:23 PM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
In Ohio she can always request, but cannot demand. A stern letter from your attorney may be enough to get visitation on the right track. If not, there are other ways to enforce the agreement. Discuss this with your divorce attorney before you do anything.
Answered on Sep 07th, 2012 at 5:20 PM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
In Washington state, your contact with the children are dictated by a parenting plan. If she's not giving you the time allotted in your parenting plan, then she's in contempt of court and you can get her in trouble.
Answered on Sep 07th, 2012 at 5:19 PM
Steven D. Dunnings
Follow whatever is provided in the judgment of divorce.
Answered on Sep 07th, 2012 at 5:18 PM
Unless there is a provision in the order to the contrary, your ex-wife does not have any say as to where the kids stay when they are with you.
Answered on Sep 07th, 2012 at 5:17 PM
Leonard A. Kaanta
No, she has to ask the court to change the visitation order.
Answered on Sep 07th, 2012 at 5:14 PM
Immigration Attorney serving Los Angeles, CA
at
Law Offices of Mary Lyn T. Sanga A Professional Corporation
Update Your Profile
The judgment spells out the custody arrangement between the parties. If there any changes that need to be made, the parties can talk it out among themselves or they can go to court. However, overnights of new partners cannot be restricted by the courts in the absence of obviously inappropriate behavior, such as intimate sexual behavior in the presence or hearing of the child. As long as expressions of affection are appropriate, they can take place in the child?s presence. The other parent?s jealousy or being upset about the new relationship is not sufficient basis to restrict the rights of free association of the parent with the new partner, even if it makes the child confused, afraid, angry, or sad (Marriage of Wellman (1980) 104 Cal App. 3d 992).
Answered on Sep 07th, 2012 at 4:24 PM