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John Legal
John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience:  Over 15 years legal experience.
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I live in Paducah, Kentucky. My boyfriend is divorced from

Customer Question

I live in Paducah, Kentucky. My boyfriend is divorced from his ex-wife. We have been dating for a little over a year and a half. We did start dating before they were divorced, so his ex-wife hates me, even though I am a preschool teacher, have had plenty of background checks for jobs, and am not a bad influence on their 3-year-old son. They have something in their divorce agreement saying that neither of them can have overnight guests of the opposite sex. However, I am living with my boyfriend, so I am a resident, not a guest. Does this still violate the law if I am staying with him in OUR apartment when his son is there? His son begs me to stay, but I always have to leave because we are afraid of him getting in trouble. However, it is our belief that it is best to live together before marriage, so how do we go about this? And is it even against the order of overnight "guests" if I am a "resident"?
Submitted: 6 years ago.
Category: Legal
Expert:  John Legal replied 6 years ago.
Thanks for trusting Just Answer. As an attorney I will answer as clearly as possible. I ask for you Accept my answer so I am paid when we are done.

You are violating the terms of the divorce agreement if you stay overnight. This does put your boyfriend at risk of loosing some, or all of his custody rights, if he intentionally violates the agreement without requesting a formal modification.

Does the agreement speak to what happens if either of them remarry. If not, then it is possible that an overnight guest could include a new wife. "Guest" in the true definition means another person. It does not mean "someone that is not a regular" as you would think of it.

I would suggest that if you want to do this the right way, you boyfriend should either come to an agreement with his ex to modify the current agreement or file a motion to modify the agreement in court and get a court order that will allow you to live there.

I will tell you that most courts will look more favorably on you living there if you are married. It shows a commitment to the relationship and the child. This shows an intention of stability not transition. Courts like stability in a child's life.