Can Custody Be Changed If My Girlfriend Moves In My House?

Question:

Even though our divorce decree does not include a morality clause prohibiting overnight guests I’m still worried about having my girlfriend move in.

Does my girlfriend living with me pose a threat to a possible modification of custody or visitation rights even though there is not a provision prohibiting this in my divorce decree?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.

Based on the limited set of facts you have presented, the divorce decree did not include or failed to include a provision dealing with cohabiting members of the opposite sex, or overnight guests of the opposite sex. Although my jurisdictions can include provisions regarding the same, it is not a law found outside individual orders or decrees.

With that being said, any party can file for a modification based on a material change. In doing so, the party wishing to file would have to claim a material change has occurred since the entry of the last order, and it was something not contemplated during the original action or any subsequent action.

I have argued many times that the idea a divorced parent will date, move in and possibly marry another individual is well within reason to be contemplated, and if it was important it should have been included in the original parenting plan.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.