Can my ex-husband take me to court for issues regarding our children when the decree states thatI have the final decision?

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Can my ex-husband take me to court for issues regarding our children when the decree states thatI have the final decision?

My divorce decree states that neither party shall have non-relative overnight guests of the opposite sex at times when the child is in the residence at the party’s home. My ex-husband is threatening to take me to court if my fiance stays at my house. My decree also states that if we cannot agree on any given matter affecting the minor children that I the mother will have the final decision in any and all matters affecting the minor children. Would I be in contempt of court if my fiance was to stay overnight even if my decree states that if we do not agree I can make the final decision?

Asked on August 27, 2011 Oklahoma

Answers:

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

Answered 9 years ago | Contributor

Here is the thing: one needs to read the agreement in its totality here in order to give you any guidance on the matter.  Although I am sure that you have quoted the sections properly, I get the sneaking suspicion that they mean other than you think as a whole.  Generally speaking, the last section that you quoted in interpreted to mean the issues that directly effect the children.   Things like what school they may go to or even possibly medical treatment to give them (that could be covered differently).  The issue with regard to non-relatives I think is quite clear here and he may have a really good chance of making your life miserable because of it.  Once you are married it will not be an issue - he will not be a non-relative - but for now, I would not have him stay until you have the agreement read and interpreted under your state law.  Good luck.


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