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My divorce decree states “no love interest to spend the

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night while children present” they...
my divorce decree states “no love interest to spend the night while children present” they stay a week on/week off with me...i’m planning to buy a “she-shed” or bed in a shed perfectly outfitted with electricity, heat, AC, etc and rent it to my girlfriend to sleep in during the weeks that my children are staying with me... will that satisfy the decree? advice?
Submitted: 6 months ago.Category: Family Law
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1/7/2018
Family Lawyer: Sue, Family Law Attorney replied 6 months ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 580
Experience: Family Law litigator for over 35 years
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Hello, I’m here to help you today. I'm a licensed attorney with over 35 years’ experience in family law. I'll review your question and be right back.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 6 months ago

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

It's creative, but a judge would probably find the she-shed doesn't meet the "spirit" of your Decree language, even if you have an argument it technically meets the restrictions of your Decree.

The children will undoubtedly be intrigued by the she-shed and will talk about it with their other parent.

What you might want to try is going to mediation to try to sort out what interests of your ex's are met by this restriction, and if there are other agreements you could make with your ex that would satisfy her sense of what's appropriate for your children. For instance, you could propose that no love interest stay over night until you've been dating 6 months, to show you won't introduce someone to the children until you are reasonably sure that girlfriend will be around for a while.

What do you think?

Sue

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Customer reply replied 6 months ago
mediation has already taken place... my ex has already had their love interest spend the night once...although they were the one who insisted it be in the decree.. i have been with this person for a year and all of my children like/love her.. my children are ages 12-21. my plan is to have the lease state: leasing detached dwelling with stipulations on common area, cannot enter home past 10 pm-6am when children are present, just as you would put stipulations on someone renting a room frim you in your house
Family Lawyer: Sue, Family Law Attorney replied 6 months ago

That makes a lot of sense.

You might want to consider telling your ex about your plan before you implement it.

Also, many people find it's useful to return to mediation for these sorts of things.

You may want to file a motion to amend the Decree language, since your ex has already had someone stay over.

Most litigants find it's easier in the long run to be proactive, introducing the proposed change yourself, instead of taking action and having the ex react.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 6 months ago

Is there anything else I can help you with?

My goal is to provide you with excellent service. I hope I have provided you the information you were seeking. If you’re satisfied with my assistance, your 5-star rating at this time is most welcome. If you need more help or have any further questions, please let me know so I can continue to assist you.

Sue

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