A friend of mine has 3 children (ranging in age from 8 to 14), and since her divorce two years ago, she has been the primary custodian with her ex-husband having the children every other weekend. In the divorce decree it does say "no overnight guests of a romantic nature." Her ex-husband knows his ex-wife was in a same-sex relationship prior to their marriage. They were married for 14 years and he has remarried since their divorce.
First, is there a way to change the divorce decree to not include the "no overnight visitors" clause since he has moved on and has gotten on with his life and, if her ex-husband decided to fight about her being gay, could he potentially win primary custody of the children even though she has been the wonderful, caring, attentive primary caretaker for 4 years (since initial separation)? Is there anything she can do legally to maintain her custodial rights while at the same time having a loving relationship with her same-sex partner without fear of losing her parental rights?
First, is there a way to change the divorce decree to not include the "no overnight visitors" clause since he has moved on and has gotten on with his life and, if her ex-husband decided to fight about her being gay, could he potentially win primary custody of the children even though she has been the wonderful, caring, attentive primary caretaker for 4 years (since initial separation)? Is there anything she can do legally to maintain her custodial rights while at the same time having a loving relationship with her same-sex partner without fear of losing her parental rights?