Legal Question in Family Law in Virginia
Specific custody agreements
My ex-husband and I have joint custody of our 8 year old daughter. The custody agreement states that no unrelated person of the opposite sex may stay the night while the parent has the child. I want to know if I have to go to court to have this changed, pending an upcoming marriage on my part.
Thank you.
2 Answers from Attorneys
Re: Specific custody agreements
Yes, you may have to, if your husband(who, apparently, is not yet your ex)objects to your sleeping arrangements and threatens to bring
the matter before the court in order to have the joint custody arrangement altered in his favor.
Re: Specific custody agreements
As a lawyer, I love to say this: it depends.
If you are planning to cohabit with your future husband before the marriage, you will need the consent of your ex-husband or at least his agreement not to pursue the matter. It is unlikely a court would approve that living arrangement if the ex objects.
If you're talking about having your new husband live with you and the child after the marriage, no problem.
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