Overnight Guests for Parents After Divorce

5-1-1024x1024Overnight Guests for Parents After Divorce

Child custody and visitation matters are of top priority for parents when they divorce. There are many issues that are of concern. After divorce, parents must abide by the legal court order put in place. In many cases, one parent has primary physical custody while the other parent has regular visitation. Parents often wonder whether they are allowed to have overnight, romantic guests when their child is in their care. The answer may depend on the specific details included in the court order.


Is There a Restriction for Overnight Guests?

There is no law that prohibits a divorced parent from having an overnight guest, but there may be a stipulation in your custody order. A child custody agreement may include a restriction on having a romantic guest stay overnight while in the presence of your children. If you have this restriction in your agreement you are not allowed to have a romantic friend spend the night with you anytime you have physical custody of your child.


Parents often wonder whether they are allowed to have overnight, romantic guests when their child is in their care. Watch to learn more!


How Do I Include an Overnight Guest Restriction?

Many times, parents are worried about their child’s well-being when they are in the other parent’s care. You may worry that your child will be exposed to people who spend the night or who are in and out of your child’s life. This is especially true for young children who do not understand adult relationships. You may be able to include an overnight guest restriction in your child custody order. You can achieve this most easily when both parents agree to the restriction. If not, you will need to resolve the matter before you approve the custody arrangement.



Is There a Restriction on Cohabitation?

In many cases, overnight guest restrictions include cohabitation without marriage. In other words, if such a restriction exists in a custody order it may likely include a restriction on living with someone prior to marriage. Such a ban would apply to times when the parent has overnight custody of the child. It is important to note that the restriction, if it exists, is within your own custody order and is not a state or federal law.


Can I Change a Custody Restriction?

An overnight guest restriction can be difficult to live with and can interfere with normal family activities and vacations. If you have a restriction in your custody order it may be difficult to remove. That is because in order to modify a custody order you must be able to show that there is a significant change of circumstances. The change you request must also be in the best interest of the child. There may be some options, especially when the other parent is in agreement with a modification.


It is essential to review and approve the limits, restrictions, and other details of a custody order before it is put in place. If you have any concerns, it is best to discuss those with your spouse prior to the finalization of your divorce. In some situations, you may need mediation to resolve these and other matters that are in dispute. To learn more about child custody, contact us at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.





The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.






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