Anniston, AL asked in Divorce, Family Law and Child Custody for Alabama

Q: Is it illegal for a girlfriend to spend the night while the child is over during visitation in Alabama?

The child is 15, almost 16 years old. The parents have joint custody. I'm dating the dad but the mom says in Alabama it's illegal for the child to come over if I'm staying the night. Also, says if we go on vacation and take the child, I am supposed to have a separate room. I found where it states that if you spend more than 2 nights a week it is considered cohabitation in Alabama, but couldn't find anything on the stipulations with joint custody and having someone over while the child was there for visitation. Thanks in advance!

1 Lawyer Answer
Kristine Jones
Kristine Jones
  • Divorce Lawyer
  • Montgomery, AL
  • Licensed in Alabama

A: Hello. It depends on what their decree or Settlement Agreement says. Some have provisions preventing that behavior, some don't. Best of luck!

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