Legal Question in Family Law in Georgia

I live in Georgia and my divorce has been final since last June. Currently my ex husband and I have joint custody of our 4 year old sons. There was a stipulation put in the divorce that neither of us can have a romantic love interest spend the night while our sons are in our care. How long is this stipulation in effect? I have a boyfriend of 4 months and we had been talking of getting engaged and moving in together this year, we have a baby on the way. Will I lose custody of my sons if we move in together?


Asked on 4/21/10, 6:14 am

3 Answers from Attorneys

Paula McGill Attorney at Law

You have to follow the order until it is modified by the court. You can file a petition to modify custody based on the material change of circumstances.

If you don't follow this simple step, your ex can file a motion for contempt. If you fail to follow the order thereafter, the judge has the authority to transfer custody to your ex.

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Answered on 4/26/10, 6:57 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I think what you are asking is if you ignore the court order will you lose your children. The answer is yes, you can be found in contempt and lose custody, as well as be sanctioned for money and attorneys fees (or even jailed).

It is extremely foolish for you to risk custody by getting pregnant outside marriage and then to think of additionally risking things by just living together. While I have not read your p[aperwork, it is unlikely that it prohibits a new spouse from spending the night (ask your lawyer to be sure) but getting married is far safer than what you ask.

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Answered on 4/26/10, 7:55 am
Charles W. Field Charles W. Field, Attorney at Law

It is natural for you to want to live with your new baby's father. However, the only way to avoid trouble with the court is for you to get married.

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Answered on 4/27/10, 2:54 pm


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