Can my ex husband get some kind of court order or judgment to have my son removed from the house while my boyfriend stays over?
3 attorney answers
Yes, he can. If this is being discussed, it may actually already be in your parenting plan. Take your paperwork to an attorney and discuss your options.
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The short answer is yes he can however it's not like he can just go to the court and get it. He would have to file either a Motion for contempt (if you paperwork specifically states that you can not have overnight guests) or he can file a Modification of Custody. He would have to show the court that there has been a change in circumstances that are negatively affecting the child. You would be served with his Complaint and if that happens I strongly encourage you to get an attorney that focuses on Family law to represent you so that your parenting time can be protected.
If you have a provision in your agreement or parenting plan that says you cannot have overnight non-relative guests while the child is in your home, he could file a contempt motion with the court to enforce that court order. He has no way to obtain a self executing or ex parte order against you if you have overnight guests, though.
My answers to questions posed on this site is no substitute for obtaining legal advice from competent local counsel.
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