Legal Question in Family Law in California

exwife defies court order based on her morals

xxx & I have been together 7 yrs.3 kids came over once a week for dinner & every weekend.2 yrs ago xxx got custody of his 14 yr old son:other 2 stayed w/mom.Our relationship (xxx & mine) "came out of the closet" & all learned we were boyfriend & girlfriend.All assumed we were "just friends." Exwife has discouraged if not forbid the 2 to see us (17yr & 14 yr).Threatened one if he came he would not be allowed to come Home!She never got over the divorce (6yrs ago)so decided to use her "cafeteria catholic lifestyle"(per priest:taking only those items she is interested in)& has decided our living arrangement is not conducive for her morals: i.e. we are living in sin..Jr visits her frequently.The door swings only one way.Question:can an ex manipulate the court ordered visitation because she doesn't like who her exhusband llives with?Again:she had no problem with their being here when she thought we were just friends


Asked on 2/05/00, 11:05 pm

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: exwife defies court order based on her morals

Your question was somewhat cryptic, but the bottom line is this: one party cannot unilaterally modify a court order for visitation absent strong showing of harm to a child.

She should be put on notice that her interference with the court ordered visitation will be met with a citation for contempt of court and possible incarceration.

If her only objection is your "living in sin", she loses, especially with kids that old. Our courts do not get into value, or religious, judgments. Now, if you happen to be a heroin addict, she might have a better case.

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Answered on 2/07/00, 8:02 pm


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