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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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 9 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.  


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption