Can my spouse say who I can or cannot have around my children after the divorce?

I’ve fallen in love with another woman and because of this my soon to be ex-wife does not want her around our children. This woman has been around my children before with the approval of my wife. This woman has no criminal records and she and I did not commit adultery. Can my soon to be ex-wife include a clause in the divorce papers to keep this woman away from the children?

Asked on December 15, 2010 under Family Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

She can request that the clause be placed in the agreement but you don not and should not agree to do so and I doubt that the Court would force the issue unless the person in question had a negative impact on the children or placed them in a situation that would not be "in their best interest."  You have the right to associate with whomever you wish as long as I said that person would not place your children in any harm.  If your soon to be ex thought that that was the case then she would have to prove so to the court. I hope that you have a very good lawyer who can stand up for your rights.  Good luck.

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 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.