Can my ex have our judgment modified to prevent me from having guest? 13 Answers as of May 14, 2013

Can my ex have our judgment modified to prevent me from having overnight guest of the opposite sex present in my residence or living with another adult male with whom I am not married while I have my kids in custody? I currently live with my boyfriend and have for about 11 months.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Derek L. Hall, PLLC | Derek L. Hall
Nothing prevents him from "fling" to have the custody order modified to include what is commonly known as a "morals clause." Will he be successful? That depends on a number of factors.
Answer Applies to: Mississippi
Replied: 5/14/2013
Law Office of Brent R. Chipman
Law Office of Brent R. Chipman | Brent R. Chipman
If the decree of divorce does not contain any restrictions involving overnight parent time, and if you have been residing with your boyfriend for 11 months (and presumably having the children with you on an overnight basis), it would be unusual for the court include such a restriction now, unless there are other concerns about your boyfriend such as abuse of the children.
Answer Applies to: Utah
Replied: 5/10/2013
John Russo | John Russo
They can try, but like everything in the law the matter is fact determinative, as to if they will prevail.
Answer Applies to: Rhode Island
Replied: 5/10/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Unlikely in this day and age.. for that modification to be made.. it would have to be a very conservative judge to modify an actual court judgment in that manner without proof that it is in the best interests of the kids.
Answer Applies to: Michigan
Replied: 5/10/2013
S. Joseph Schramm | Joseph Schramm
He can file a petition to modify a custody order based on changed circumstances that he feels exposes the children to a threat to their moral upbringing. Whether a judge would agree with him and grant him the modification is another matter as this sort of arrangement is not uncommon in present day society.
Answer Applies to: Pennsylvania
Replied: 5/10/2013
    Law Offices of Frances Headley | Frances Headley
    He can make that request but it is unlikely to be granted unless your "guest' is a convicted felon.
    Answer Applies to: California
    Replied: 5/10/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Very unlikely unless there is an issue with your boyfriend (example is if he is a registered sex offender).
    Answer Applies to: Wisconsin
    Replied: 5/10/2013
    Kunin &Carman | Ishi Kunin
    Absent proof of harm to the children, your ex cannot control with whom you live.
    Answer Applies to: Nevada
    Replied: 5/10/2013
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    If your current living situation is not detrimental to the well being of your children I would think your ex would have a difficult time in modifying the judgment. However, if your ex has some evidence of conduct that is not in the minor children's best interest, such as domestic violence, drugs or alcohol, (this list is not exhaustive) then there may be grounds for a modification. I would suggest you contact an attorney to discuss your situation in detail.
    Answer Applies to: Massachusetts
    Replied: 5/10/2013
    As a rule, not in Nevada.
    Answer Applies to: Nevada
    Replied: 5/10/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It is very doubtful in most jurisdictions, and will not happen in Michigan if you are properly represented.
    Answer Applies to: Michigan
    Replied: 5/10/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Probably not, but it kind of depends on the situation. If your guest is someone new every night, then maybe yes, because your child could be in danger. If the guest is a long term boyfriend, then less likely.
    Answer Applies to: Idaho
    Replied: 5/10/2013
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    Your ex is entitled to ask the court to modify the existing order to include such a prohibition. The judge may or may not do so, depending upon what appears to be in the best interests of the child. I suggest you hire a lawyer.
    Answer Applies to: Texas
    Replied: 5/10/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney