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In Arizona can I keep my exwife from moving a stranger it to…

Customer Question
in Arizona can I keep...
in Arizona can I keep my exwife from moving a stranger it to the house with my kids?
Submitted: 2 years ago.Category: Family Law
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Answered in 2 minutes by:
6/19/2015
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,140
Experience: Licensed Texas General Practice Attorney
Verified
Thank you for using JustAnswer. I'm sorry to hear about your situation. Would this be a boyfriend / fiance? A tenant renting out a room? A house guest?
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Customer reply replied 2 years ago
boy friend she met less than a month ago.
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
Do you know if there is a clause in your divorce decree or custody order that states that she's to have no "overnight guests" (aka a "morality clause")?
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Customer reply replied 2 years ago
no there is not
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
Is there any indication or evidence (rather than the absence of knowledge) that this individual is dangerous and poses a significant risk of harm to the children?
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Customer reply replied 2 years ago
The party is a complete unknown to me I only recently learned about him and that he had met my children.
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
Thank you for that information, and again, I am sorry to hear about your situation.. Until there are specific written orders that pertain to how / when / etc... a parent can exercise custody / visitation over the child, there's nothing (other than seeking said orders) that can be done. The likelihood of getting such an order limiting a parent's right in this regard is dependent upon the actual risk of harm. For instance, if the boyfriend has a record of child abuse, it would be far more likely that a court would order no overnight stays for a boyfriend, or even say that custody switches to you and the children don't visit. But that would require evidence showing a risk of harm. In the absence of a morality clause or any evidence that would allow you to take possession of the child, and while it's certainly irresponsible to have a boyfriend that she's known for less than a month move in with her, it's not going to be enough to keep your kids away from the property. More evidence (such as a background check that would indicate a risk to the children) would be needed. Until then, I am afraid that there would not be anything that you could do to stop it. I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
Did you have any other questions before you rate this answer?
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Customer reply replied 2 years ago
I did have a chance to review your answer. I was not happy with it but it does confirm what I have been told so thank you fro your time.
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
You need to actually indicate that (clicking on the appropriate rating and then "submit"). Perhaps you clicked the rating but not submit, but the rating did not get processed. Please note that I don't have any control over the substance of the answer itself (in that I don't have control over what the law is or your specific situation). My service to you is to state how the law applies to your situation, and that's what I ask you to rate. Thank you, ***** ***** good luck to you!
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ScottyMacEsq
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Category: Family Law
Satisfied Customers: 18,140
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Experience: Licensed Texas General Practice Attorney

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