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.
Family Law Attorney
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.
Child Custody Lawyer
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.
Divorce / Separation Lawyer
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.
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