Custody violation- cohabitation


#1

My ex started an affair, got a boyfriend (this is what initiated the divorce -which was a surprise to me) who has started sleeping over while the kids are with her. It’s been about 19 months since the divorce was initiated. This is specifically prohibited in the custody order by the judge. They barely attempt to hide it, by him moving his car a block or more down the street and then sneaking back to the house. Sometimes they don’t even do that and his car is there overnight. He is not a good guy, but probably not as bad as the next one will be. He has been trying to provoke me by coming to the kids school and saying loudly that they are his kids and mocking me in front of my kids, their friends and their friends parents, using derogatory nicknames, etc… He has assaulted me and that case comes to court in a couple weeks. I looked him up in the local courthouse and there is no divorce from his former wife. He apparently only gets to be with his kids for two Sundays a month - no sleepovers. What should I do to prove that she is violating the custody order?


#2

You will have to have proof that this man is indeed staying overnight while the children are present. Pictures, a private investigator, etc. You might have better luck with this than I did because this is the mother who is violating the order. The Court seems to hold women to a different standard.

FYI. My ex (the father) admitted in Court that he had a female companion sleep over in the presence of my son. I brought contempt charges against him for it. The judge stated the contempt was not willful and therefore, the judge did absolutely nothing. Since then, the ex has continued to have his “overnight guest of the opposite sex” sleep over time and time again. Orders are pretty worthless if you ask me. There’s nothing I can do. Maybe you’ll have better luck so good luck to you! Some judges are more “moral” than others and most don’t like their orders to be disobeyed. My judge only got mad at me and not the ex. Go figure.