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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My ex wife and i have been divorced for about a year. she resides

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My ex wife and i have been divorced for about a year. she resides in CO and I in PA for work related reasons. I get visitation in CO for one week every other month where i get my children for the entire week. He in May my ex wife and we discussed having my current girlfriend meet the children and her so that maybe someday the children could visit us in PA. She said it was ok but as the date draws near she is saying she will with hold visitation if my current gf comes down to CO with me. I believe i want to marry this new woman eventually and really want my children to meet her. any advice on what i should do if she does with hold my visitation? Thank you so much
Dear JACUSTOMER - This is obviously the jealousy factor being invoked and your ex has no power to stop you from introducing your children to your girlfriend unless there is something in the court order or divorce decree that prohibits such a meeting. So you have no duty to discuss with your ex your plans for visitation and you have every right to introduce your children to whomever you please. Obviously if the person is a convicted felon or registered sex offender etc. the court would probably issue an order prohibiting the contact but if it is simply because of some personal dislike or jealousy then you have the right to have your children meet anyone you please. If your ex denies visitation because of this then you should file a motion with the court for contempt of the visitation order. You don't need to file some motion to get the court to allow you to have your children meet your girlfriend. The court would simply say you already have that right. If you want to change the visitation to having the kids come to see you in PA you simply need to file a motion to amend the visitation and your girlfriend or new wife, as the case may be, is not relevant unless, as I said above, she has some unusual background which would be detrimental to children. Most courts will readily grant long distance visitation in these situations so it should not be a problem, girlfriend or no girlfriend.
Customer: replied 4 years ago.

Thank you so much. My new girlfriend is a critical care RN and has all her clearances. I do know that the ex wife will not let the children come to PA unless it is ordered by the courts. Do you think that her withholding visitation would put us in a good position for getting this granted with the courts? She has already taken the children off of me during scheduled visitations before

If she violates the current order you can file a motion for contempt. If you want to change the visitation you have to file a new motion for long distance visitation. The court will probably not grant this on a once a month basis since that would be considered too much travel for the kids. Generally, in these situations, the courts will grant several weeks in summer and a week at the holidays and maybe in the spring. Then they will say you can visit a certain number of times at the children's location and probably alternate Thanksgivings. There's no standard order that would apply in all situations since it depends on the ages of the children and cost of travel and other factors. But there is no question that the court will order some type of long distance visitation assuming the children are old enough to travel alone or that you could travel with them. I have no way of working out all the details or possibilities but these types of arrangements are very common and the courts are accustomed to dealing with them. The fact that she may have been in contempt of the current order really is not relevant to the new order other than to show she will not keep any agreement and therefore you need a court order.
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