Exceptions To The ‘No Overnights With Opposite Sex’ Rule

divorce lawyer Tamara HoffstatterQuestion:

My boyfriend’s child custody agreements state he is not allowed to have a member of the opposite sex spend the night with him when he has parenting time unless he is married.

We are going on vacation and his ex-wife said it would be fine if we just rented one hotel room rather than having to pay for two in order to fully abide by the agreement.

Should we have her sign something agreeing to this arrangement? I don’t want her to try and turn it around on us later.

Answer:

Please note that I am not licensed in your state so I am unable to provide legal advice on divorce.

Without seeing what your divorce judgment says regarding the parenting time issue, I can’t tell you for certain what you should do.

If the divorce judgment explicitly states that there should be no overnight visitors of the opposite sex, or something similar to that, then the best way to achieve what you desire is to file a motion with the court to modify the parenting time requirements.

However, if the ex-wife is willing to agree that both of you staying in the same condo is not a problem for her, then putting something in writing showing her consent to the same would likely provide you the protection you are looking for.

That way, if she ever wanted to bring it up down the road, you would have a signed document showing that she gave her consent to the arrangement.

I would recommend, however, that if you are going to present her with an agreement to sign, you have an attorney look it over to make sure it is drafted appropriately.

If you need legal advice on divorce, 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.

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