Legal Question in Family Law in Oklahoma

Not allowing over nights while children in the house?

My boyfriend has been divorced for three years now and has two daughters. The fifteen year old lives with him full time and the mother pays child support and has nothing to do with her. The seven year old they have joint custody of splitting the week between the two. There is a clause in the divorce that prohibits me from moving in with him before we are married. We want to be sure that his children and my son are going to be able to co exist as a family unit before we do marry. what are my options? She will not agree to strike that clause from the decree. If I do move in what can she do to him? We are wanting to move in to make sure this will work with our children their best interest is our first priority. However she does not see it that way. What do we do?


Asked on 9/03/08, 11:35 am

1 Answer from Attorneys
Wayne Allison Allison Legal, LLC

Re: Not allowing over nights while children in the house?

If the divorce decree is clear about no cohabitation without marriage, then you don't have much of an option without risking your boyfriend's ex-wife taking some action. She could file for modification of child support, modification of custody, or even argue he is in contempt of court.

If the specific language in the decree is ambiguous, you may have an argument; but if it clearly prohibits cohabitation, then you may be out of luck and have to find other ways to make sure the children will acclimate to each other.

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Answered on 9/03/08, 4:15 pm


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