What to do if my wife will not let me daughter spend the night because I have male roommate?

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What to do if my wife will not let me daughter spend the night because I have male roommate?

There is nothing in the divorce that states this can’t be done. This man works for me in the military and has an outstanding reputation. Can she do this?

Asked on December 4, 2012 under Family Law, Virginia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your court order awards you visitation at certain intervals and she is refusing to comply with that order, then you need to file a motion to enforce that order with the court.  When you file your motion, most likely, she will file a counter motion to restrict visits because of your roommate.  To hedge off those issues, see if your roommate would be willing to apply and give you a copy of his background check.  You would not submit it with your motion to enforce, but you would want to have it handy with you in court should the issue arise.

You are not required to have an attorney to help you with the motion to enforce, but it helps to get things moving a little more quickly.  You can also ask the court to order her to pay your attorney's fees as an additional sanction for having to file the motion to enforce.


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