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Question for you ladies...

susanc07susanc07 member
in Single Parents

I drafted our property settlement & custody agreement and had it reviewed by an attorney I used to work for.  In it, we put that neither party can have overnight guests of the opposite sex (non-familial) while in custody of the children.  Well, STBXH has no where to live, and so he said he is going to "rent a room" from his GF. 

The doc also said that he doesn't get shared parenting until he has a "suitable permanent residence and a vehicle with which to transport the children".   So in my opinion, living with his GF is not suitable according to the earlier-mentioned provision, and so I maintain full custody.

So am I right?  Does that mean he can't keep them overnight?  I sure hope so.

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Re: Question for you ladies...

  • ShanJosh777ShanJosh777 member
    I don't know how "suitable" would be defined, it seems like it could be open to interpretation. Could you have the document say something like, a residence where the children have their own room?
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  • susanc07susanc07 member

    But if we agree not to have overnight guests of the opposite sex, how can it be suitable to live with one?  I can't see the court expecting the owner of the home he's living in to stay somewhere else 3 nights a week.

    And can't change the docs now - already filed them.  He'd start really fighting if I tried to amend them now.

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  • PrettyInPearls23PrettyInPearls23 member
    Was he living with the GF when you drafted and filed the papers?

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  • susanc07susanc07 member
    No.  He was staying overnight there.  But not living there.
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  • KaliChickKaliChick member

    (Not a single parent)

    Is he renting a room, as in he has his own bed in a separate room.  If not, I would think that would be considered having an overnight guest of the opposite sex.

    Also, in the state of California, every child has the right to their own bed.  So he must have a bed for each child.  I don't remember what the rules are on how long opposite sex children can share a room.

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  • BeachBum1223BeachBum1223
    I would think that isn't suitable and therefore he would be unable to keep them overnight.  So, he's renting a room...where do the children sleep? on the floor of his "room"?
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