Modification To Divorce Decree To Prohibit Cohabitation
|Thursday, 02 August 2012 00:00|
My ex-wife has a revolving door of boyfriends who spend the night while my children are there, and I worry about the affects on them.
How difficult is it to modify the original divorce decree to address the issue of my ex-wife repeatedly bringing strange men around our children?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Jersey divorce laws where I am licensed to practice.
A party who is seeking to change either a court order or an agreement would have to file a motion with the court, unless the other party consents to the modification.
Generally speaking, courts are reluctant to micro-manage how parties conduct themselves in the privacy of their own homes.
Further, under federal and state constitutions, parents have the freedom to raise their children as they see fit without governmental interference. The exception would be if the conduct of your ex-wife rises to the level of becoming a child protective concern and puts the children at risk of harm or neglect.
Morality Clause:Prohibiting Cohabitation and Overnight Guests
Other than having multiple boyfriends in her home, it is not clear whether there are other activities going on in your ex-wife's home (i.e., excessive alcohol use or drug use) that is endangering the safety or well-being of the children.
If you want to prohibit your ex-wife from engaging in particular behaviors around the children, you would more than likely have to file a motion with the court.
Since it appears that you are concerned about your ex-wife's lifestyle and the impact of her choices on the children, you should seek the advice of a skilled men's divorce attorney who can review the facts of your particular case and discuss your legal options.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.