While I’m getting a divorce, can my husband tell me our son is not allowed to be at the apartment with me becausemy male friend has moved in?

UPDATED: Aug 9, 2011

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While I’m getting a divorce, can my husband tell me our son is not allowed to be at the apartment with me becausemy male friend has moved in?

 He is not a threat to our son; no record and not abusive. Our son is 4 years old.

Asked on August 9, 2011 Ohio


Jack Moser, Jr. / Jack Moser Law

Answered 11 years ago | Contributor

If you are currently involved in a filed divorce case, then it would be the temporary orders that establish what can and cannot be done until the divorce is finalized. Regarding parenting in Ohio, the modern trend of the courts is to provide shared parenting during the temporary orders phase (the TO phase stays in effect until the case is finalized or tried by the judge).

In many counties the courts prefer to start out with fifty-fifty shared parenting, where the child(ren) spend 50% of the time with one parent and 50% of the time with the other parent. If in the rare instance your "husband" has sole custody of the child during divorce, which provides physical and legal custody to him, rather than you, then you most likely will have a problem such as you have posed, as generally the person who has sole custody can dictate such terms.

If you do not have an attorney it is suggested that you find one so that you can protect your legal interests during the divorce. If you have an attorney, then he or she should be advocating on your behalf to put a stop to such nonsense.

If your legal matter is in Columbus, Franklin County, or central Ohio, then visit the website of Jack Moser Law at http://www.jmoserlaw.com to find out more about parental rights and child custody, or call us at 614-478-8005.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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