Can my ex-wife not let me have my kids overnight if I have a roommate?

Asked on August 27, 2015 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on the terms of the custody agreement and divorce decree or settlement. If there is a court order or writtwn agreement in place barring overnight visits if you have a roommate, then she may do this. But if there is no orser or settlement/agreement precluding you from having overnight visits if you have a roommate, then your wife would not seem to have the power or authority to do this, and you are entitled to the visits. If she will not allow them, you should be able to file a legal action in family courts to rwquire her to allow the visits.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.