What happens if a clause in your divorce decree is broken?

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What happens if a clause in your divorce decree is broken?

My divorce decree contains the following paragraph: “Both parties agree that there will be no non-family member visitors of the opposite sex while the children are in the home.” My fiance has slept over and my ex is threatening to take the kids away because his definition of “family” does not include a fiance. I certainly think my fiance is my “family”. What is the likelihood that he could get a lawyer to actually fight me on this, and if he does, what are the possible ramifications? He claim he is going to take the kids away from me (custody is currently 50/50).

Asked on January 1, 2012 under Family Law, Minnesota

Answers:

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

Answered 9 years ago | Contributor

Although I can certainly understand your feelings on this matter, your ex husband has a legal point here and a leg to stand on.  Your fiance is not legally "family."   He is not a blood relation nor are you yet bound by marriage.  So you are in violation of the agreement. Will the court take the kids away from you because of it? Probably not.  But can he give you a run for your money?  probably yes.  It really may be a good idea to just try and abide by the agreement until such time as you are legally wed.  Then he will have nothing at all to say about it.  In the mean time try and keep everything cool for the sake of the kids.  Good luck.


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