Visitation and a “Visitor”/Martin Rosenfeld, JD

Posted on January 1, 2020

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On occasion, during the mediation session, the request is made that the spouse with visitation rights not bring along their newest “significant other” when they see the children. The request is self-understood but is not always met with the promise of compliance. If conversation is not helpful, I try to get the parties to see how this is an issue that should be resolved in advance of any such event. Clearly, it would be futile to require that a divorced parent not have a significant other. It would be best if the parties have a mutual plan that would guide both parties in dealing with such a situation. One possible solution is to rely on the legal need to act with the best interests of the children in mind. Perhaps the parties will be able to agree to a therapist, minister, case worker, etc. who will help them make the proper situation when the situation develops. While it may be difficult to discuss this possibility in the midst of divorce negotiations, it will be even more complex post-divorce. In this case, open and respectful discussion is the best road to pursue. If the interests of the children truly motivates the parties, it is likely that a proper solution will be reached. Civil discussion, as always, is the key to a proper resolution of this matter.