Legal Question in Family Law in Massachusetts
child custody issues
I'm dating a divorced father of 3 kids ages: 16,14 and 11. They live with their mother most of the time but stay with their dad every other weekend. I usually stay over my boyfriend's house when the kids aren't there but as we get more serious we're talking about having me stay there when the kids are there. We've been dating for over 5 mos. and we're talking about living together in the near future. My boyfriend's ex wife is adamantly opposed to me staying there when the kids are there. She said it's written in the legal document that he can't have a girl stay over night when the kids are there. I'm wondering how this would hold up in court and if this type of thing happens a lot in courts?? Would a judge actually enforce that I can't stay over?
Thanks,
2 Answers from Attorneys
Re: child custody issues
Yes, the court may place this in a temporary order and he could be held in contempt (if that is what the order states). They usually do this to protect the children from living an unstable life. It depends on the lifestyle's of the individuals.
In any event, your boyfriend can try to go in and amend. However, unless your engaged, married, they may not amend.
The fact of the matter is, they are not preventing your boyfriend and you from being together. The court is saying that when your boyfriend has the children no sleepovers! This is about the children, not your boyfriend and his ex-spouse.
If your relationship is that serious, you should be able to understand and respect the situation for his children. If you happen to get married then that would be a different situation.
Sincerely, Maria Murber
child contact issues
1. I would check the separation agreement to see if there are such restrictions.
2. You should also see if there are any such restrictions on the mother.
3. If the two of you have a serious relationship, of some time, and there is such a restriction on the separation agreement, I would suggest that you file a complaint for modification, and get a court ruling in this matter. The court will look to see if there is any harm to the children, using the "best interests of the children" test.
Do not be intimated; but think out your options with care.
You can contact me at my office for a complimentary consultation if you have any further questions, or need assistance.
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