Can my ex-wife not let me have my kids overnight if I have a roommate?

UPDATED: Aug 27, 2015

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Can my ex-wife not let me have my kids overnight if I have a roommate?

Asked on August 27, 2015 under Family Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It depends on the terms of the custody agreement and divorce decree or settlement. If there is a court order or writtwn agreement in place barring overnight visits if you have a roommate, then she may do this. But if there is no orser or settlement/agreement precluding you from having overnight visits if you have a roommate, then your wife would not seem to have the power or authority to do this, and you are entitled to the visits. If she will not allow them, you should be able to file a legal action in family courts to rwquire her to allow the visits.

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