Question:
I need legal separation advice since I have been legally separated from my wife for over a year, but we still cannot reach a child custody agreement.
She refuses to sign any parenting time document unless she gets everything she wants. Now she says I am not allowed to have my girlfriend with me when my kids stay over night even though there is no agreement to that effect.
She says her counselor is the one recommending it so it has to happen.
Can she just determine the parenting time schedule and rules without any input from me?
Answer:
This answer only includes general divorce help for men since I am only licensed to practice in Colorado and am thus unable to provide any legal advice on divorce.
However, the short answer is no, she cannot make a unilateral decision regarding parenting time and whether or not you can have overnights.
It appears that your matter may need to be set for a hearing, in front of a judge, for which you can discuss the best interests of the children, which is the standard used for parenting time determinations.
Further, if her counselor has determined that this is in the children’s best interest, there may be a way for you to have a separate expert or another counselor give a second opinion, especially if the counselor has not spoken with you or your girlfriend and has still come to that determination.
Read Related Article: “Advice on Divorce: Which Child Custody Evaluator Is Best To Use In Your Case“
Consult with an attorney in your jurisdiction for specific legal advice on divorce as I have only provided you general information. Cordell & Cordell has men’s divorce lawyers located nationwide.
To schedule an appointment with a Cordell & Cordell attorney, including Ashley A. Hughes, a Staff Attorney in the Colorado Springs, Colorado office, please contact Cordell & Cordell.
