Legal Question in Family Law in Alabama

Who do I call or contact if my ex-wife is threatening to call DHR on me if my girlfriend is ay my house when I have the kids when she has her boyfriend live with her even before we were divorced? Does she have a right to do that? It does not state in the orders that i can not have guests when I have the kids.

Asked on 6/09/11, 9:04 pm

1 Answer from Attorneys

Edward Tracy Southern Legal Group, P.C.

Generally Alabama child visitation verbiage states that neither party is to have members of the opposite sex unmarried persons in the home overnight while the child is with them. If this is in your divorce agreement then there is nothing you can do outside of marriage or an agreement between you and your ex-wife to allow your child to stay overnight with you and your girlfriend. The fact that she did this does not give you a negotiating point in the eyes of the law, in other words a judge wouldn't care (two wrongs don't make a right / you should of brought it up at the time of occurrence). DHR will not be interested in who is in your home with your children unless they feel your children are in danger. Your ex wife can refuse future overnight visitation. However, if nothing stipulating this is in your child visitation agreement then you have nothing to worry about. Just have a copy of your agreement ready along with any threats your ex has made against you in regards to contacting authorities based on these stipulations. If she does in fact restrict visitation on these grounds and they are not in your original visitation guidelines, then you can return to court for her contempt of refusing visitation.

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Answered on 6/10/11, 1:43 pm

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