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Category: Legal
Satisfied Customers: 17252
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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My ex husband wants to have our children stay over nigh at

Customer Question

My ex husband wants to have our children stay over nigh at his 1 bedroom apartment when he is cohabiting with his girlfriend. Can i stop this from happening? I have heard that in Georgia when a parents cohabits with someone the children can not stay over night is this true?
Submitted: 7 years ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 7 years ago.
if your children do not have their own room, and your divorce agreement states tat they have to have their own space, do not allow visitation, and advise the Court that he is violating the Divorce decree. The Courts do not like it when the husband has his girlfriend living with them unmarried, but it is not by itself reason to stop overnight visitation.
Customer: replied 7 years ago.

Are you saying that if his girl friend is in the appartment the children should not be able to go over there?




Expert:  WALLSTREETFIGHTER replied 7 years ago.
that, and the fact he does not have a separate place for the children to stay overnight. In fact Georgia states that foster children need to have their own bedrooms, for the house to be suitable, that should be the same for your children.
Customer: replied 7 years ago.

I want to leave the state in order to find a job how will this affect the parenting plan? I know i have to give him 30 days notice but other than that could i move out of state. He only sees the children 4 hours a week at the moment

Expert:  WALLSTREETFIGHTER replied 7 years ago.
no, unless your divorce decree allows it, if you move out of state, even with the 30 days notice, he could file in court a petition to stop the relocation. If you get Court permission first you can do it, but you will need a valid reason, such as a new job or remarriage.
Customer: replied 7 years ago.
How about filling for sole custody. What would i need to do to be able to get sole custody of my children
Expert:  WALLSTREETFIGHTER replied 7 years ago.
you can file for sole cusotdy, you would have to state their is a significant change in circumstance, the fact he sees them only 4 hours a week, could be a change, also if he does not visit as per his schedulae, or he is abusive or an alcoholic.
Customer: replied 7 years ago.

I would need to prove the alligations though wouldn't I?

If so what proof would i need in order to do this?

Expert:  WALLSTREETFIGHTER replied 7 years ago.
the childrens testimony, and ask the court for a social worker to check out the house for the living conditions.