Question:
My divorce decree says neither party is allowed to have overnight guests during their scheduled parenting time.
I have always respected the clause, but now I would like to have my girlfriend of three years move in with me.
Would she be considered an “overnight guest” if she were to live with me full time?
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 Georgia divorce laws where I am licensed to practice.
The overnight guest language – or “morality clause” as it is often referred to – is enforceable by the courts.
If a party subject to the morality clause entertains overnight guests of the opposite sex not related by blood or marriage or overnight guests with whom he or she is romantically involved during parenting time with the minor child(ren), then that parent may be found to be in contempt of the divorce decree.
In the event a motion for contempt is filed by the non-custodial parent, the morality clause language will ultimately be subject to interpretation by the judge that hears the resulting contempt action.
However, it is likely the judge would find a cohabiting partner to be encompassed in the overnight guest clause from the divorce decree.
Morality Clause:
Further, having a girlfriend move into the residence where the minor child resides may also result in a modification of custody action based on a significant change of circumstances.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta, Georgia Divorce Lawyer Amber R. Piotrowicz, contact Cordell & Cordell.
Me and my girlfriend just recently had a child, however she has a custody agreement with the father of her other child. On the birth certificate signed and notarized at the hospital, my address is listed as her address. Would this mean that I am a living resident at the address and no longer an “overnight guest of the opposite sex unless related by blood or marriage?”