Does prohibiting overnight guests during parenting time include my fiancée?

Question:

Our consent judgment in the divorce decree prohibits overnight guests of the opposite sex when we have parenting time with our children.

Does this include my fiancée? She has moved in with me, she’s helping with bills, her mail is delivered to my home, the kids have met her, etc.

Is my fiancée’s presence a breach of this overnight guest rule?

Answer:

The arguments you make for why your fiancée is not a guest, and why the consent judgment language should not apply to her, are all valid and strong.

Depending on the language of the consent judgment, you might be able to simply get your ex to agree that your fiancée’s presence is not a breach of the consent judgment.

Otherwise, you will need to file a motion with the court to amend your parenting time to clarify that your situation is not a breach of your consent judgment and to clean up the understanding about who an unrelated overnight guest is.

If you need detailed information or advice, or wish to take specific action in this matter, you need to contact an attorney immediately for assistance. Cordell & Cordell does represent clients nationwide.

To schedule an appointment with a Cordell & Cordell attorney, including Tamara Hoffstatter, an attorney in the Troy, Michigan, office of Cordell & Cordell, please contact Cordell & Cordell.