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What can I do about my soon to be ex having the boyfriend stay overnight in the marital residence when my children are home.

Stafford, VA |

So, my STBX wife is having her new "friend" stay overnight at the marital residence while my children are in the home. She has also left my children overnight at his (the paramour) parents house while my spouse and him returned to the marital residence to spend the night. What can be done about this? Could this be child endangerment? He has also been leaving his dog (a pit bull) at my house as well around my children (5, 10, 12, and 16). Could this be a good case to get Child Services envolved?

Attorney Answers 3


  1. Best answer

    I dont recommend that CPS get involved at this stage, however you do need to address the overnights.
    Do you have an agreement in place, or a court order prohibiting the overnight stays? What stage of the divorce are you in.?

    recommend that you discuss the matter with an experienced family law attorney in your area. Probably the best course of action is to have an attorney draft a letter to the STBX.


  2. Is there a child custody/visitation order in place? Usually there is language included in the order prohibiting overnight guests of the opposite sex in the presence of the children. That doesn't cover her leaving the children with a babysitter for the night, but it would prevent having the boyfriend stay over while the kids are present. Also, do you have any separation agreement in place? While a separation agreement is helpful to her, it still does not prevent you from amending your divorce complaint to allege adultery. If you do not have a separation agreement, you should contact your attorney immediately to amend your complaint, in addition to filing a motion to exclude overnight visitors in regards to the children (if one is not already in force).

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


  3. Sounds like the divorce is not final, so I assume that means there is no prior order (unless you have a PL Order in place). At any rate, if there is not a divorce pending, you should file for emergency custody in the local juvenile and domestic relations district court. If you are in a pending divorce, you should file a motion for emergency custody in the circuit court. The best advice is to speak to a local family law attorney in your area. This is a very serious sitation, as I assume you probably do not know whether any of these people have criminal records, past sexual offenses, etc. Good luck.

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