Separation Agreement- no overnight guests

My husband and Have been separated for 6 months and have a signed separation agreement that states that “parties agree not to have overnight guests of the opposite sex unless related by blood or marriage while the minor children are in their care”

My question is, would this still apply if the overnight guest was the biological father of one of the minor children?

My husband is legally the father because of the child being born while we were married, but the biological father and I are now going to raise the children together. Does that affect the answer to first question?

Lastly, what are the options and routes of going about getting the biological father recognized as the child’s father?

Thank you

Typically the intent of that provision in a separation agreement means no overnight guests unless related by blood or marriage to Husband or to Wife.

The biological father would have to institute a court action to establish paternity of the minor children.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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