Visitation and cohabitation


Dear johnnygrindstaff:

Greetings. The chances are very high that the court will enforce the order - so I would recommend that you move to modify the court order instead of just thinking about violating it. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.


I am divorced male and am in a relationship with a female. I have 2 children, ages 9 & 11 from my previous marriage. My ex-wife has primary custody and I have visitation every other weekend. I am now in a relationship with a woman and we want to be able to live together, but do not have plans to get married as this point. My ex wife is threatening to have the court enforce an order that I not have my kids overnights while living with my girlfriend. Over the past 2 years, there have been many overnights with my girlfriend while I had visitation with my kids, and my kids have never expressed an negative feelings. In fact, my kids are very fond of my girlfriend and she is a good influence on them, and my kids want her to be with me. After I moved out of the marital residence, my ex-wife moved in her new boyfriend prior to being engaged or married and lived together with my kids for over one year. Now that they are married, my ex does not want the kids with me overnight when my girlfriend is there. Needless to say, she does not like my girlfriend. The relationship with my girlfriend is a very positive one, and has a positive effect on my kids.

What are the chances that the court will enforce an order prohibiting me from having my overnight visitation with my kids while living with my girlfriend?

Any advice would be greatly appreciated.