Cohabitation with opposite sex


#1

ex and i have been separated (physically) for 18 months. we have a court order on agreed upon child visitation and child support. the document is silent in regards to a “morality clause - on opposite sex in same house when children present”. she insisted upon this in our temporary separation agreement, but it is not in our court order custody and support agreement we had an atty draft.

she is having her boyfriend sleep over when the children are present; albeit on “the couch” and the “kids have approved” at our house, we are in process of selling, but she lives there. she has also admitted to sleeping over in the same house with him. he lives with his parents and his brother and brother’s wife and their kids on several occaissions.

can i file anything with the court, if i don’t agree or want my children having a member of the opposite sex (boyfriend) over until we are legally divorced?


#2

If this behavior is not covered by the court order, you do not have grounds for filing a motion for contempt. If you believe this behavior is negatively impacting the children, you may consider a motion to modify the custody order, but if your concern is only until the divorce is finalized, it likely won’t be worth it since the divorce could be finalized before the motion is heard.