My ex has had his girlfriend living with him, in our divorce decree, it says that when our child is visiting, no one that is not a relative is to spend the night, she also had her children their and an incident happened, dhs was involved and investigated, the social worker told me to not let my daughter go over until she is released by a doctor, the outcome of the whole case was found to be unsustained but at the bottom, it says all children should receive counseling. My question is, is my divorce decree still valid?his lawyer said, it was fine because they’ve been together a year, her sons hurt my daughter and she is still married to another person
1 Answer from Attorneys
Yes, your decree is "valid", until the court modifies it. That won't happen until one of the parties makes a formal request for a modification. If your ex is violating the decree, you will need to file an Application for Citation for Contempt to seek enforcement of the decree.
I have many questions. Here are a few: What is the "incident" that happened? Was it a one time "accident", or is there concern for another "incident"? What is a doctor treating your daughter for? Why was counseling recommended? (This sounds serious in nature.) What kind of counseling? How old are the involved children?
As a parent, I would be very concerned whether or not it is in the best interest of the child to continue visitation under the circumstances. If you would like to discuss this further, please give me a call to schedule an appointment. 918-628-5878.