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  • Visitation and Common Law Marriage

    Alabama;

    Alabama;
    Can a mother withhold visitation from a father if he is not "officially married"?

    There is court ordered visitation and there is nowhere in the papers that it says anything about girlfriends/boyfriends/or marriage.

    We have been together for 5 years and lived together the whole time. The mother is angry about their father getting visitation and said that if we are not "married" by friday that she is not letting the children come back....she said something about since i am not blood related to the children and something about no "over night visitors"....that she did not have to let them come back...i am not an over night visitor...i live here....

    We are just wondering if she can get by with this or since alabama does recognize common law marriage would she be in contempt for declining their father his cort ordered visitation?

    Thank you

  • #2
    Re: Visitation and Common Law Marriage

    If the judge issued a court order allowing visitation with no stipulations regarding someone else living there, then he has the right to visitation of his child as deemed appropriate by the judge. Do you have a copy of the order? You should review it to make sure no such stipulations exist.
    http://bidsfromlawyers.com

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    • #3
      Re: Visitation and Common Law Marriage

      i have the original divorce decree and the visitation order and there are no stipulations that says anything about cohabitation or "over night guests".....

      So i take it that it would not matter if i was just a girlfriend that stayed the night sometimes..that since it does not stipulate that in the divorce decree or visitation order it does not matter and she has not grounds to deny visitation and can be held in contmept of court...which i am not just a bed buddy...i live here with him and have lived with him for 4 years....

      She sent a message to him and stated that if we were not "married" by friday that she would not allow him to see the children....from what i have been told on here she needs to read closely and realize that she had no stipulations put into the divorce decree concerning that and if she denys the visitation that she will be in contempt....

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      • #4
        Re: Visitation and Common Law Marriage

        If she withholds the children from him, he can file a Motion to Enforce. She does not get to dictate the stipulations on what he can and cannot do in order to have visitation with his children. That is a control tactic overused by too many women who feel they can dictate the father's life. He must not allow that to happen.

        If she does withhold the children, advise him to immediately file a Motion to Enforce with the court. If she still does not comply, he needs to file a Motion for Contempt. If she's hauled into court on enough non-compliance, judges generally will revert custody to the parent whose rights have been violated.

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        • #5
          Re: Visitation and Common Law Marriage

          ok..thank you for the advice.....yes she is just looking for ways that she is thinking she can mess with us.....i don't know where she got the idea that she can just say that since we are not married that she does not haver to let them come.....someone may have told her that but i dont think she realizes that unless its in the divorce decree or visitation order than it wont fly....

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          • #6
            Re: Visitation and Common Law Marriage

            It doesn't even matter. Even if he was unwed and obtained visitation rights, she still cannot dictate his life for him. He's moved on with his life and it's evident she's merely jealous. He has just as much right to his child as the mother does.

            Tell you husband in no uncertain terms that if she fails to show up at visitation, he MUST file a Motion to Enforce. Again, he could gain full custody if she continues to violate the custody agreement. He has a right to move on with his life.

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