Legal Question in Family Law in Indiana

Can my x husband cohabitate and still receive visitation

I was wondering if I am divorced and have full legal custody of the children, is it ok, by law, for my x husband to have a woman he is seeing live with him or even spend the evening in his residence when my children are present? They are 5,10, and 12 years old, and have made it clear they do not ever want to meet her, he has told me he is thinking of moving her in. What can I do to protect my children from being around her in their fathers home?


Asked on 6/28/02, 2:39 pm

1 Answer from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Can my x husband cohabitate and still receive visitation

As the two of you are divorced and adults, your former spouse may have a relationship with whom ever he pleases. You cannot dictate who he may have in his home any more then he can to you.

Your sole custody does not give you any special control in this regard. He must determine how to spend the visitation time with his childern. If he wants to include his friend, live in or not, it's his call.

The real consideration is whether any visable inappropriate conduct is taking place in front of the childern. If so, is harmful rather than just distasteful to you. The courts most likely would not think holding hands, hugging, a kiss or verbal affirmation of mutual affection as a problem.

However, if you feel that there is some conduct which is questionable, you no doubt should bring it to the attention of your former spouse. Keep in mind this should be constructive discussion in the childern's best interest.

If after this discussion no change to what you view as harmful conduct has been addressed, you may then wish to bring to the attention of the court. Be certain this is only motivated by a real concern for the childern based on real questionable conduct before asking a court to review this.

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Answered on 6/29/02, 12:12 pm


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