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tsandifer · Nov 13, 2009, 03:48 PM

My husband constanlty leaves the kids at the house to see his girlfriend that works at a convience store near the house. The kids are 14 and 10 they complain that there daddy does not spend enough time with them and the girlfriend is always coming over , which she is not sopose to under the court order we have is there anything I can do about this??

tickle · Nov 13, 2009, 04:57 PM

Fourteen year old can legally be left alone to sit the l0 year old but it all depends on maturity level of the l4 year old. Does he/she stay in the house with the l0 year old while the dad is gone? There is a big problem here in my opinion which has to be addressed.

Yes, my dear, you have to report this occurrence to your lawyer and it can be addressed.

Tick

cdad · Nov 13, 2009, 07:30 PM

Why isn't she suppose to be around the children ? What danger does she represent ?

Mistique · Nov 13, 2009, 08:24 PM

Well if you have a Court Order depicting that the "girlfriend" is not to attend the maternal home then it is a breach. Tell your lawyer.

As it goes for the 14 and 10 year old the 14 year old is old enough to sit unless there is some sort of an issue that the 14 year old can not watch the 10 year old.

I am sorry about your situation... it sounds like you are doing okay but it isn't an easy situation... especially with a new girlfriend in the picture ruffling your feathers... including the neglect of your children.

I hope all is well with the future procedures and as hard as it is try to stay calm... get it over with... dragging the Divorce in the mud makes it difficult, prolongs it and causes additional stress for you, him and the children.

Why do you have a Court Order directing that the girlfriend can't come over... is she abusive to the children or some sort of a negative influence?

tsandifer · Nov 25, 2009, 10:40 PM

The court order reads no romantic companion is allowed at the home while we are still married, but after the divorce she would be able to come over there, but she will not be allowed to spend the night, as far as the kids my 14 yr old is very mature for her age and is very responsible, I am just afraid that the kids are going to be left out in the cold while she is there visiting and he won't have any time for them. This is just a bad situation thanks so much for all your responses...

stinawords · Nov 25, 2009, 11:02 PM

How long has he left them alone? If not for more than a matter of hours then there isn't anything to be done about that. You can tell your lawyer that the girlfriend is coming over and have him/her bring it up in court but what are you trying to accomplish by doing this? When will your divorce be finalized?

JudyKayTee · Nov 26, 2009, 08:16 AM

If he is in violation of the Court Order you don't need an Attorney to take him back to Court for contempt BUT you will need to PROVE the charge that he is, in fact, in violation.

Do the children live with your husband full time?

cdad · Nov 26, 2009, 02:52 PM

Originally Posted by tsandifer

The court order reads no romantic companion is allowed at the home while we are still married, but after the divorce she would be able to come over there, but she will not be allowed to spend the night, as far as the kids my 14 yr old is very mature for her age and is very responsable, I am just afraid that the kids are gonna be left out in the cold while she is there visiting and he wont have any time for them. This is just a bad situation thanks so much for all your responses....

That's pretty broad as far as conduct goes. Are the orders in place for both of you or just for him ?

JudyKayTee · Nov 27, 2009, 10:38 AM

Originally Posted by califdadof3

Thats pretty broad as far as conduct goes. Are the orders in place for both of you or just for him ?

I've never seen such an Order but I'm in NY. In fact, I haven't seen an Order forbidding either party (while separated or even divorced) from having "overnight guests" in some time. Maybe those clauses aren't enforceable. I don't really know but, as I said, they were common at one time and I no longer see them.