What to do if I just got divorced and no where in the divorce decree does it state that over night guests of any kind are not allowed to sleep over when the kids are present?
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What to do if I just got divorced and no where in the divorce decree does it state that over night guests of any kind are not allowed to sleep over when the kids are present?
If the decree doesnt state I cant do it does she have a case? She is threatening to take me to court if my girlfriend stays over when our kids are there?
Asked on November 1, 2012 under Family Law, Oklahoma
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Many divorce decrees do not include this provision. However, if overnight guests of the opposite sex do become and issue, then yes, your ex- could possibly take you back to court and request a modification of the custody arrangements. The success of her motion will depend on the judge that you are in front of. More judge's are getting bit more modern and are not so offended by these types of overnight visits. However, many are still very conservative and will impose the restriction is asked to so. If you still have access to the attorney that helped you with the original custody paperwork, you might want to give that attorney a call just to see the trends in rulings of the judge you would be before.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Parties to parenting plans some times try to place "morality clauses" in to agreements, which is what I think you are referring to. But understand that unless there is some definite harm to the child shown, the courts are very hesitant to enforce them. So their being there would not necessarily matter. It is all based on "best interest of the child." If the situation is causing some strife TO THE CHILD then that would be an issue. Just because she does not like it that might not matter.
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