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Opposite Sex spending the night


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#1 QuestionedParent

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Posted 16 November 2010 - 09:17 AM

I am the full physical custodian of my child.  Her father and I were never married. He petition the court for legitamation, and we have joint legal custody.  He get visitation every other weekend. I am currently engaged and my parents told me that it was illegal to have someone stay the night of the oppisite sex while not being married. No where in our papers does it have a person of the oppisite sex can not stay the night.  So is this illegal or is it ok?



#2 xansmom

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Posted 16 November 2010 - 12:38 PM

This law does actually exist in some states. (you didn't say what state you are in.) Honestly, I think it's an old law that probably isn't really enforced and would only be a problem if your childs father makes it one.

#3 Ted_from_Texas

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Posted 16 November 2010 - 02:20 PM

Your parents are misinformed.  There is no such law in any state, although some states allow a clause to be included in the custody order stipulating that neither parent will have overnight guests of the opposite sex while the child is present.  If your custody order is silent on the matter, you are free to have anyone you wish spend the night.

#4 pg1067

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Posted 17 November 2010 - 03:22 AM

QuestionedParent said...

my parents told me that it was illegal to have someone stay the night of the oppisite sex while not being married.

Is either of your parents a lawyer?  If not, I suggest you ask them to cite the law in your unidentified state that they believe supports what they're telling you.


QuestionedParent said...

No where in our papers does it have a person of the oppisite sex can not stay the night.  So is this illegal or is it ok?

It is not uncommon for custody/visitation order to contain provisions that prohibit cohabitation with and/or overnight visits from a person of the opposite sex who is not a spouse, but I don't know of any state that has such a law.



#5 pg1067

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Posted 17 November 2010 - 03:23 AM

xansmom said...

This law does actually exist in some states.

Could you please identify at least one state that you believe has such a law and provide the statute number if you know it.



#6 evasolan

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Posted 17 November 2010 - 04:43 AM

This is not a problem unless your custody order prohibits you from having overnight guests of the opposite sex.  If you think your child's father would have an issue with it, he'd still have to file a motion addressing it in court.  Further, attitudes towards cohabitation vary from state to state and even from judge to judge, so there is no guarantee that he would win a 'morality clause' as a basis for continued custody.  How far off is your wedding?   Unless there are other issues you haven't mentioned (i.e., if your fiance has a criminal record, or is on the sex offender registry, or is interfering with the child's relationship with his father), this issue will be moot when you are married anyhow.

Cohabitation is not illegal in any state, but custody orders can restrict a parent's activity only to the extent that it affects the child and/or is in the child's presence.

Eva S.
yourcustodycase.com





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