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Can my ex deny visitation w/ my 14 yr old son for having my girlfriend of 6 yrs live w/ me while she closes on a new house?

Lawrenceville, GA |

i divorced her in 2004 for her adultery. divorce decree states if can't have overnight guest w/someone i'm romantically involved with while son is present. ex claims my girlfriends son introduced my son to porn website 5 years ago when he was 14 yrs old and my son was 10. my girlfriend and her family have spent numerous vacations&holidays together over the last six years with my son and she had no complaints. now she claims i cannot have any more visitation w/ my son till the have moved out. we've split every other week w/ my son over the summer the since the divorce in 2004.

Attorney Answers 3


  1. The short answer is: Yes, she can withhold visitation for a violation of the morality clause, if one is contained in your settlement documents.

    There are a lot of factors that can impact this issue, but this forum allows for brief questions, which generally allow for brief answers.

    If you would like to discuss it more in depth, please call my office and schedule an appointment and we can talk about the nuances. However, from the 30,000' view, she's within her rights.

    If you have further questions, call me at 770-904-5115. The information and opinion rendered herein is done as a courtesy and is for general informational purposes. Nothing herein may be construed by any party as to give rise to an attorney-client relationship.


  2. If your decree contains a provision like you described, she can withhold visitation until you comply with the provision. Just because you and she have "worked it out" for your benefit in the past does not mean that you have a right to ignore the Order of the court contained in the Final Judgment and Decree of Divorce. If you believe that the provision should no longer be applied, you have the right to bring an action seeking to modify the parenting access, custody and or visitation provisions of the divorce decree.

    This information is of a general nature and is not intended to be relied upon as legal advise. You are encouraged to contact and discuss your matter with an experienced attorney to more specifically address your legal needs.


  3. If I am reading your question right, you have asked "Can I thumb my nose in contempt of a judge's order and get away with it?" and the answer is "no." The language of your court order controls.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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