Can my ex-wife prevent me for having my kids overnight if I have a roommate?

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Can my ex-wife prevent me for having 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 6 years ago | Contributor

Your ex-wife can only prevent you from having the overnight visits if there is some legal authority for her to do so that is, the custody agreement or order, or divorce decree or settlement, states that you may not have a roommate or cannot have overnight visits if you have a roommate. If there is no legal authority from the divorce or custody orders or agreements, then your ex-wife has no legal right to do this, and you could bring a legal action in family court if necessary to compel her to allow the visits. You may wish to speak with a family law attorney about what you would need to do to enforce your rights.


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