Atlanta Divorce Blog

Georgia Divorce and Family Law Attorney

My ex-wife is living with her boyfriend. Our divorce decree says he can’t have any overnights with the opposite sex. What are my legal options in Georgia?

It’s fairly common after a divorce for parents to be unhappy with the idea of their children seeing the other parent having overnight visits with a boyfriend or girlfriend to whom they are not married. This may be because of their religious beliefs, or because they feel uncomfortable with the children in the house at night with an adult with whom they aren’t acquainted.

In that situation, the parents may agree to insert a clause into the divorce agreement that prohibits overnight visits or cohabitation with the opposite sex until the parent is remarried. If that type of clause is in the agreement, both parents must agree to abide by its terms. Practically speaking though, if your ex is violating the agreement, it can be tough to enforce.

In order to enforce that agreement, you would first have to prove that the visits even occurred. If your ex is living with his or her boyfriend or girlfriend, that may be fairly easy to prove. It could be much harder to prove that overnight visits happened while your children were there without getting them involved in your fight.

Even if you can prove that those visits occurred while your children were there, that may not matter much. Technically, you may file a contempt action against your ex, but unless your children are somehow harmed or emotionally damaged by the overnight visits, the cost and time of litigation may outweigh the benefit of filing a contempt action. Further, overnight visits are most likely not enough to request a modification of custody or visitation.

When you make an agreement with your ex and he or she fails to live up to it, it can be an extremely frustrating situation. If that happens, call Atlanta Divorce Attorney Shalamar Parham at 678-439-1482. She can help you take your ex to court to enforce the agreement. Call to learn more about your legal options.

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This entry was posted on April 23, 2015 by in Custody, Divorce, Family Law, Parenting Time/Visitation and tagged , , , .

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