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Submitted 148 days ago...

FRY199

FRY199

New User (3)

Overnight stays with boyfriend and has children

I have sole custody of my children. Their father, my ex husband, wants custody. My children and I spend 1-2 nights over my fiance's house. My fiance is an ex felon. (Drug charges 8 years ago, been out for more than a year. Their are provisions in VA that state there should be no paramore or overnight stays with ANYONE other than relatives. (There was a previous problem with my X having my children spend nights over various females houses when he had overnight visitation with the children) Now my X had filed with the courts stating that I have broken the provision of the overnight stays. Is there any way I can fight this and be successful or be able to show that the overnight stays are not often and that there is no paramore. My fiance has a great job and my children love him. I am a great parent, great job and want the best for my children. Please advise on what I can do to present my case. I do not have money for an attorney but need some advice. Thank you for your time.

 
 
 
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Submitted 148 days ago...

tomturkey

tomturkey

Brain (2,862)

Well this ishard because if he has proof that you are staying over nite and going against the court order then you could be in contempt of court. The problem you may have is that the person your staying with with a few nites with the kids a a convicted felon and that will never be taken off his record,also it depends on waht he was convicted of. If you don't have any money to for an attorney you might try legal aide(free legal services) they go by your incom and if you don't make alot then you would be eligiable. If you knew he was taking the children for over nite stays with other women you should of took him to court. although I think that in your case you should of known better with a felon. I would say on this it would be 50/50 on a court decition. The both of you should keep the children out of your love life and keep them with a grandparent for a nite of two or family member instead of taking them with you.

 

Answer 2 / 3

Submitted 146 days ago...

FRY199

FRY199

New User (3)

Thank you for your response professor. Any other answers....

 

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Answer 3 / 3

Submitted 146 days ago...

HouserRW

HouserRW

Contributor (110)

It is not in your favor if you are going against the court order and staying with a felon. Especially if you are the one who prompted the revision to the parenting plan regarding overnight stays in the first place. You stand a good chance of being held in contempt of court...however you should file your response and stop the overnight visits (at least w/the children coming) and that could work in your favor. They will not reverse custody just because of one contempt, but they might because he was taking them to girlfriends houses...you are taking them to a convicted felons. Now did you say he filed contempt or order of change in the parenting plan making him the custodial parent? If that is the case the GAL will be involved and all that good stuff. During which time you should change your habits and stick to it. The courts/GAL don't care if you love your boyfriend...they might take it as you love him more than you love your children....believe me, it may come across that way. If you intend on marrying this man and they say it isn't safe, are you prepared to tell them you don't care? You should make sure that this man is worth it. I hope all works out for you. But remember you cannot keep overnight visits 1-2 times a week with this man forever...if you think the courts may be okay w/your kids around him, then tell them you intended on marrying him and thought it was okay since he is going to be a full time part of their lives soon...but only if that is the truth. Good Luck.
RWH

 

This Question was awarded 135 days ago therefore you can no longer post an Answer. However you may post a comment below.

 
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Submitted 135 days ago...

FRY199

FRY199

New User (3)

Thank you so much for your response. I really appreciate it. It gives me the facts and offers suggestions on how i can attempt to create my defense. And it is the truth.. Thanks again.

 

Comment 2 / 2

Submitted 135 days ago...

mar267

mar267

New User (2)

Sometimes love Is blind, but problems are for real. I think even though you both broke the court order, I believe yor situation Is far more serious. The fact that your boyfriend Is an ex-felon. Being the mother of three, first of all, I would never exspose my children to that enviroment. Maybe you could see him without the children there, bcause your children should always come first In your life. Also, you might think about going to some kind of counceling together, maybe to see If this man has really changed, and you can trust having him In you and your childrens life. I can understand why your ex Is concerned. To you, this man might seem to be okay, but to others, all they see Is a man who Is a felon, and that\s not anyones Idea of a role model. Please think about everything, and the welfare of your children. Good Luck!

 
 

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HouserRW

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