Legal Question in Family Law in Michigan

i have a custody order stating there is no cohabitation with someone of the opposite sex unless agreed on by both parties. i have been living with my new girlfriend since my ex left and now it is a stipulation. i am engaged to my new girlfriend and wonder if that makes this stipulation not valid. i also have three witness that heard my ex say it was ok for my fiance to live here and now my ex is denying saying that. is there anything my ex can do. do i need to worry about loosing my kids


Asked on 8/11/12, 6:42 pm

2 Answers from Attorneys

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Answered on 8/11/12, 7:18 pm
William Stern William Stern, P.C.

Generally, a court speaks through its written orders and you have an order regarding the cohabitation. You have violated that order. It is very difficult to modify a judgment of divorce on that issue. The solution to this whole problem would have been to get married before it became an issue. What is this business about a fiance? If she is a serious fiance, then why not get married and get rid of the issue. If you are postponing the marriage because she cannot get married now (for example, until she gets divorced), then maybe that is the reason for the provision in the judgment of divorce in the first place. The point is, these provisions are put into the judgment in order to avoid having children subjected to becoming attached to a person and then that relationship destructs and the kids are damaged or to prevent children from being subjected to promiscuity. I think you may have problems as you put your interests above that of the children. I also told you how to fix it. Technically, you still violated the judgment of divorce but if you got married, at least the judge would see that the reason for the provision has been address( i.e. no promiscuity or subjecting the children to attachments and having the person snatched out from under them).

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Answered on 8/12/12, 5:08 am


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