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Spouse? Don't you mean your ex?

She can not deny visitation unless the child would be in danger of some kind. If the visitation order needs to be changed it can only be done in court and she would have to have good reasons why she denied it. Not liking the ex's new girlfrind is not a reason to deny visitation. This will happen to her too and it's called moving on with life.

Ex:) If the dad has visitation rights and a new girlfriend and the custodial parent, the mother, does not approve of the child meeting the new girlfriend, she has no right to dictate to the father who the child sees during visitation. That is entirely up to the father. Unless the girlfriend is unfit to be around the child. That is something the mother would have to prove in court if she wants to prevent them from meeting.

This of course also works the other way. The non-custodial parent can not dictate to the custodial parent who the child meets when with her.

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11y ago
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10y ago

If visitation was granted by a judge, and with no stipulations regarding a live in girlfriend, your estranged or ex wife can't take it upon herself to deny you visitation with your child. She would have to petition the courts for a modified visitation decree. I also suggest you cover all bases and consult with your attorney to see if this could affect your visitation with your child. As for it being a "bad influence" on your child, that's not necessarily so. As long as the girlfriend's behavior is appropriate, then she's not a bad influence on them.

Now, with that being said, I strongly suggest that you assess the situation to determine if you feel there is any chance of your child being in harm's way with your girlfriend's ex. And if you do feel there may be, then you need to reconsider your living arrangements with her, at least until things with her ex are settled.

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Q: Can your spouse deny visitation if you have a new girlfriend?
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Related questions

Non custodial parent is an OTR driver and wants his new spouse to exercise his visitation rights do I have to let the children go with the new spouse?

You can go back to court and request that the visitation order be modified to better suit the situation and allow the children time with their father.


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No, but the orders need to be modified. see link


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Unless there is a court order which prevents the non-custodial parent from having access to the child, then you should not deny the visitation unless you have absolute proof that allowing visitation is a danger to your child. It's best to speak to a lawyer and find out about modifying any current custodial order that may already be in place if necessary.


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That depends on state law where you reside and the terms of your visitation agreement. Your ex or the court may have to approve such an arrangement. After all, the visitation is for you, not your new spouse. It might be a better option for everyone involved to change the weekend of your visitation if your ex is cooperative. If not and you don't have time to petition the court, there might be some negative fallout. Cover your bases.


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