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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 25403
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Gattis. I have the overnight guest injunction in my decree.

Customer Question

Customer: ***** ***** Gattis. I have the overnight guest injunction in my decree. I was married and now getting a divorce. Does this still apply now after the second divorce?
JA: Thanks. Can you give me any more details about your issue?
Customer: I was divorced 8 years ago with the permanent injunction in the decree. We have both since gotten married. Now that I'm filing for a divorce from my second husband, my first husband is making sure that I don't have any overnight guest. He warned for me not to live with anyone even if it is a friend for financial reasons. Does this still apply after being married and he is married
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Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. What was the reason for this? Are there children involved? Just trying to get a better idea of why this condition was imposed

Customer: replied 1 year ago.
I'm the primary and have 2 children. They are 13 almost 14. Since they are with me 80% of the time it's tough. I'm in a financial bind and need to live with a friend but can't.
Expert:  FamilyAnswer replied 1 year ago.

Thank you for the additional information. Since there were children out of the first marriage, the father would still maintain and have rights, so the fact that you got remarried but divorced, would not void the original decree, that said there is not to be any overnight guests. However, in a situation like this, where there has been a substantial change in circumstances and a hardship, you can petition the court to get permission, to live with a 3rd party, since you are unable to live on your own, with the children. If you can show and convince the court that this is a friend and there is no relationship and it is a result of your financial situation, the Judge may consider and allow it, based upon the circumstances.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 1 year ago.
The cost to petition the court would be too high. So other than financial reason I have no recourse? This seems to be an abuse of power by the local courts who do not know what is in the best interest of the child and forcing a parent to make decisions because of this. I would.nevee have gotten married if he would of let us live together, but the courts forced me. Seems like they just want to people to create more divorces
Expert:  FamilyAnswer replied 1 year ago.

You can do this on your own, so the cost should be minimal. You are not required to retain counsel and the clerk of court in the family division should have to forms for you to obtain.

Expert:  FamilyAnswer replied 1 year ago.

Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. Thank you.

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