Pawtucket, RI asked in Child Custody and Family Law for Rhode Island

Q: Can mom of a child tell her son’s father he can’t take the children over night once he moves in with his girlfriend

If court gets involved, can a judge say the father can’t take his kids anymore on visitation or overnights because he now shares a home with his girlfriend?

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1 Lawyer Answer
Albin Moser
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  • Divorce Lawyer
  • Providence, RI
  • Licensed in Rhode Island

A: Usually a mother cannot prevent a father from having visitation overnight at his new girlfriend‘s house where he now lives. If there were a provision of the divorce agreement that prohibits this then the court might pay attention to that. If there is something about the girlfriend or the house or anyone else who lives there then the court will pay attention to that. But the mother’s feelings about it or notions of traditional morality are not going to be the decider. Whatever is in the kids’ best interests is what’s going to happen. Usually time with both parents is what’s best.

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