Visitation question


#1

My husband left about three months ago. Since then he has visited our two children mostly on weekends and always in our home and locally in town. This past weekend the girls went to his new home to visit. As it turns out, not only does he have a girlfriend, but they are living together. I was not aware of the living arrangements until the children came back home. We do not have a separation agreement at this time. Can I refuse to allow the children to spend the night at his home?


#2

Since you have no separation agreement or custody order in place, you are free to allow or disallow as much visitation as you want (and for that matter, so can he). However, if you deny visitation this could be held against you should a custody trial ever occur. You would need to present evidence to the judge about why withholding visitation was in the best interests of the children. In your case, you would need to show that his living with a girlfriend while still married to you is detrimental to the children and that this is why you did not allow overnight visits. While I am not able to predict the outcome of any one particular case, I can say that a judge would likely not be fond of such a living arrangement while still married.