Custody and Dating


#1

Manifest,
Not a legal expert but involved in a situation just like the one you described. My wife and I both share custody of our 3 yr old little boy on a weekly rotation. In our situation I had the terms of such activity clearly documented within the agreement. Specifically: No overnight stays by a member of the opposite sex when the minor child is present.For either parent.

That does not mean that we can’t have “visitors” just no overnight stays…Again,for either of us. By doing so it is my understanding that the party that chose to would be in violation of the order and could be held in contempt of court. I’m not sure what affect that would have on custody but it surely would not be looked upon favorably by the court. The advice given on this board is excellent and I’m sure Ms. Fritz will provide accurate and concise clarification…Just my two cents…C-ya…

P.S. If that’s my ex you’re dating…good luck…you’ll need it!..Just joking…


#2

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Manifest:

How about having some respect for this woman and her child? You can try to fool yourself that the kid doesn’t know what’s going on, but you won’t fool a 3 year old for long. Put yourself in the kid’s place. From what I gather, her parents probably haven’t been separated for even a year. How would you like to find someone other than Daddy in bed with Mom?

Show them you really care, and keep it zipped when the child is there.

Twiceloser


#3

HST, thanks for the input. Her separation agreement did not have any specificity with regard to visits or overnight stays by the opposite sex. Had that been included, this would all be moot. Hopefully Ms. Fritz will be able to provide some clarification on the issue. BTW, I highly doubt this is your ex…you sound far to logical and rational to be the ex of mine [;)]

Twiceloser, I understand what you’re saying and appreciate the advice. If the potential were there to impact the child negatively, I’d cease and desist.


#4

Simply don’t do it.
I am in the same situation as your friend but would never allow my boyfriend to stay, plus he would never suggest… Kids know more than we think sometimes even at 3. It’s just NOT cool, Im sure you can wait until the following week to stay over.


#5

Dear Manifest:

Greetings. It depends on what the separation agreement says about dating and overnight stays. What does the separation agreement say?

Yes, of course there is an issue with you staying overnight if you are not married. If you are asking how it matters, that depends on the entire situation - the morality of each party, etc. Happy Holidays

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

Hi Janet. Thanks for your response.

My friend’s separation agreement doesn’t define or detail any specifics with regard to dating or overnight stays. It doesn’t mention post-separation relationships in any way.


#7

Dear Manifest:

When in doubt…go see an attorney. The cost of a visit is ALWAYS less than the cost of court if someone breaches an agreement by accident. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#8

Have a question(s) about child custody and dating. I am in a relationship with a woman who is separated, and has a 3 year old child. The separation agreement between her and her ex-husband defines joint legal and physical custody, rotating on a weekly basis. My friend is unsure what rights her ex-husband has with regard to changes in custody as it pertains to her dating. I have no interaction with the child, as understandably, she does not want there to be any additional confusion in his life at this point in time.

My question(s) is this:

During the weeks when she has the child, will my being over there when the child goes to sleep have any affect on custody.

If no issue there, is there an issue with my staying the night during those weeks?

Thanks in advance for any information you can offer.