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Can the custodial parent deny the non custodial parent visitation rights if she has a boyfriend that lives there?

Abilene, TX |

She is living in a house with a roommate and her boyfriend and on her visitation nights she is allowing the boyfriend to sleep in the same room as her 3 yr old daughter. Can the custodial parent (father) deny her visitation until she can show proof that the daughter has her own room and own bed.

The non custodial parent says that where and who she lives with is enlivenment. And I am not comfortable with the 3yr old being there overnight. I don't want to deny her of her visitation time, but she does not have a healthy or consistent place to sleep, where when she is with the custodial parent, she has her own room and her own bed!

Attorney Answers 1


I would certainly not want my 3-year old sleeping in the same room as the boyfriend. Ask her if she will agree to modify visitation to eliminate overnights when boyfriend is there. If she agrees, prepare a written stipulation. If she refuses, go to court and ask for an order modifying visitation so this does not happen.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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