Legal Question in Family Law in Georgia

New House

My brother has recently bought a house with his girlfriend. Both their names are on the deed. His ex will not allow the kids to stay there overnight. They have joint custody, with the mother having primary custody. My brother has the kids two nights a week. The ex says they can not stay there because there is a ''no over night guest of the opposite sex'' clause. Is she right. Is the girlfriend considered a guest in her own house?


Asked on 9/29/03, 10:49 pm

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: New House

The clause is technically correct, but since your brother and his girl friend have combined finances then they are probably common law married, so this clause should not apply, but it would be a question for a Judge with all the facts. It's really up to your brother. If he wants the kids he should take his Ex back to court. The worst thing that could happen is what's happening now, the kids wouldn't be able to spend the night. The best thing that could happen is that visitation is restored. Visitation is very, very important for the kids sake and the Judge would seriously consider the case.

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Answered on 9/30/03, 7:56 am


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