How do Judges respond to live ins and roommates when there are small children in the household?

Asked almost 2 years ago - Spotsylvania, VA

After appearing in court, my 2 year olds father moved another woman and young child in his home, this woman is a felon. We have a specific entry into our order which states no boyfriend or girlfriend for 6 months, this is not a girlfriend but a live in and I would like her not to be around our child, will a Judge likely enforce change. There is also a clause which states mother to have first refusal of child when the parent is on call, if the parent is not providing a call schedule to allow you to make plans in your schedule is this parent being uncooperative, what can I expect to happen. Thanks

Attorney answers (1)

  1. Michael David Thomas

    Contributor Level 12


    Lawyers agree


    Answered . First, the live-in roommate: Typically, you should see the language " no members of the opposite sex that are not related by blood or marriage shall stay overnight." But with your order it sounds you must prove a relationship; however, I can tell that at least where I practice Judges do not like the live in roommate. So you may have sufficient change in circumstance to warrant taking this back to court to amend custody/visitation.

    Second, First refusal: This presumes cooperation of both parents. So when you take him to Court to change the order due to the girlfriend, make sure language is in the order demanding his work schedule so you can actually have the "right of first refusal"

    I believe you need to consider filing a motion to amend the previous order.

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