Divorced for 5 yrs - "OverNight guests" provision


#1

I’ve been divorced for over 5 years now and there is an “Over Night Guests” provision stating neither party should have over night guests of the opposite sex during their custodial time of the child. I have been dating someone now for almost 3 yrs and we would really like to take vacations together but I have been apprehensive about this provision. Is it an enforceable provision? If I do go on vacation with the person I am dating it seems its in direct violation of the provision so would this jeopardize my current custodial time with my child? I just want to move on with my life and start creating new vacation memories.


#2

Yes, the provision is enforceable and would be violated if your significant other vacations with you and the children.


#3

Thanks Erin for the reply. Of course when I remarry that provision will no longer apply. I do not plan on getting remarried any time soon so is it possible to get the provision removed via the court?


#4

In order to change a child custody order, you must allege and prove a substantial change in circumstances has occurred which affects the well being of the children. Unless there has been some other change in their lives, you do not have grounds to change the Order.