Legal Question in Family Law in Indiana

Parenting Time by Custodial Parent

My husband and I were separated for 3 1/2 years and filed for divorce a few weeks ago. Our state is a ''No fault divorce'' state. When our son is with me, does it make any difference if my boyfriend stays over at my house on some nights or if I stay over at his house some nights with my son? There are no issues with safety or placing him in any danger, just irritation from my almost ex husband.


Asked on 1/22/09, 9:26 am

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Re: Parenting Time by Custodial Parent

Don't do this until the final decree is entered. There is nothing so important about being able to sleep over with your son and boyfriend in the house at the same time that will make up for the significant costs that waving a red flag like this in front of your husband can cause, or the risk (depending on your judge) of this behavior affecting custody or other issues.

Good luck.

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Answered on 1/23/09, 10:57 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Parenting Time by Custodial Parent

Although it is a nonfault divorce, which means conduct does not matter for obtaining a divorce, it can have an impact on custody and parenting time. If your husband brings this up, the courts are very uncomfortable condoning what you are doing, even though you are adults, assuming that your friend is not staying in a separate room from you. However, this is a two edge sword, your husband would also be prohibited from this kind of conduct, so he might not want to bring this up in court.

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Answered on 1/22/09, 9:59 am


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