I have a question I need advice on. Let’s say two people are going through a divorce. They have been separated for a year. The divorce is final. However the custody has not been resolved. One spouse is jealous over a dating partner while they were separated. The opposing party does not agree to sign the parenting agreement developed by the mediator unless it is included that after the divorce neither party’s are allowed to have dating partners around their children for at least six months post divorce. Without any basis on why and assuming the dating party has a clean record and no issues. Can a judge court order this? On what grounds does the judge have the ability to say no dating partners around children or over night stays? If so allowed l, how long can the judge prevent partners being introduced to the children and or overnight stay? What should I do what can I do?
This is a common provision that some people try to incorporate into a custody agreement. If both parties agree, the court will generally enter and enforce the provision, assuming it is done so by court order.
However, if the issue of custody is before the judge to decide, i.e. there is a custody trial where the judge must decide custody, it is unlikely the judge would enter such a provision unless there is clear evidence to prove that more likely than not, the dating partner is a harm to the children or poses a safety issue to the children in same way.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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