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Can a newly divorced father move in with his girlfriend and have his children sleep over there on his weekends?

New Port Richey, FL |

The children's parents just divorced a month ago.
The father has had this girlfriend for about 6 months now.
Mother doesn't feel that it is appropriate for the children to stay overnight at this place where the girlfriend and father will both be sleeping at also.

Attorney Answers 6


  1. Best answer

    If there is no order preventing it and the parents have shared parental responsibility then he may do so. If Mom feels the arrangement is in some way harming the children then he only option is file a Petition with the court to change the final judgement to prevent the occurrence. However, a Petition to do so based solely on Mom's feelings is not likely to be granted.

    Sincerely,

    Daniel Bachert, Esq.
    The Bachert Law Firm, P.A.
    330 Clematis Street, Suite 222
    West Palm Beach, Florida 33401
    (561) 653-3951
    Palm-Beach-Divorces.com

    Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.


  2. No law prevents it, and it's actually a pretty common occurence. She may find it unwise and immoral, and I'm sure many people would agree with her, but it doesn't meet the legal standard to make any changes to the parenting plan.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!


  3. This circumstance should be covered in the agreement that both of you signed in words like "each party is free to live their life without interference from the other". Check over the agreement.


  4. The parenting plan governs, but with shared parental responsibility, and unless otherwise agreed upon, there is nothing wrong with this situation. It is rather common.

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.


  5. I have never seen a judge in Broward County have a problem with this behavior.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button


  6. Unless there is some court order preventing this the father can do what he want on his own time, so long as not illegal.

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