Q: During a divorce with a minor child involved, how can I restrict who my ex has over (overnight visits) while my child

A: Usually, when a court is making a decision regarding custody, it's important that the involved minor child have his/her own bed, and ideally his/her own room. That's your first problem. Second, where significant others, boyfriends, girlfriends, etc. are concerned, courts often make orders that state that the minor child should not be introduced to these significant others until it's abundantly clear that the relationship is serious (i.e. lasting at least, if not more than 6 months). In your situation - I minor child (you have not specified their age), and a one bedroom apartment - I would hope and expect that Dad is mature enough and has sufficient common sense when it comes to knowing what is and is not appropriate behavior in front of the minor child. Assuming Dad is not the primary custodial parent, I would assume that he would want to give the minor child his undivided attention on those few days that he enjoys overnight visits.

A: In California, when addressing the issue of overnight visitors in the context of a child custody agreement, you have the option to include specific stipulations regarding who can be present around your child during overnight visits. This can particularly address concerns where living arrangements, like a one-bedroom apartment, may not provide appropriate accommodations for the child and a third party. However, such provisions must be reasonable, serve the child's best interests, and not unduly infringe on the other parent's right to private life.

You can request that the custody agreement include a clause stating that overnight guests of a romantic or non-family nature are not allowed while the child is present unless there is prior consent from the other parent. Be aware, though, that courts typically prioritize the child’s best interests and parental rights to privacy and autonomy. Any restrictions must be clearly justified as benefiting the child.

To ensure your concerns are appropriately addressed, it is advisable to discuss this matter with legal counsel familiar with family law in California. They can help draft a custody agreement that reflects your concerns while also being fair and in compliance with state laws. Keep in mind, the court will need to approve any agreement, and the standard is always what is in the best interest of the child.