77giggles
recently joined
Reged: 06/30/10
Posts: 8
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As of June 12, 2010, the antiquated anti-cohabitation law in West Virginia is no longer in affect. However, my court order dated prior to June 12, 2010, specifically states that I cannot have over night stays at my BF house (I have been trying to obtain a divorce for 6 years and my ex has used every loophole to prevent this from happening). Now that the law has officially changed, can I be forced to be held to a temporary court order stating no overnights?
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9815
Loc: Arkansas
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What's so antiquated about it? Just because more people do it doesn't mean it's okay.
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Eternity is too long to be wrong.
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3028
Loc: VA for 21 years, NC forever!
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If you don't have children, go on and do what you want -- I'm thinking no one is going to prosecute for that.
How would your ex even KNOW if you don't have any children that you're wanting to take over there?
Do you have children that you want to take to your boyfriend's house? If so, I don't think I'd attempt that.
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DeeCan
veteran
Reged: 04/05/08
Posts: 1266
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An order stands until changed. All that June 12th date is, is a time when it will no longer be ordered. You would have to modify to get it removed from your case.
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Don't drink and park, accidents cause people.
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77giggles
recently joined
Reged: 06/30/10
Posts: 8
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That was my thought as well. Thank you. It is unfortunate that I am dealing with the master of delaying hearings with every technicality possible. This case is a documented domestic violence case towards myself and my minor child. The minor child has been through extensive counseling and it is the counselor's documented educated opinion that it is more detrimental to my child's mental well being to be withheld from the only stable man (my BF) and that my child continue with police supervised only visits with her father due to his violent nature and that we be allowed to move back into the home that we were court ordered out of so that we would not have to be living alone where we are unprotected at night time with a stalker ex watching us.
Edited by 77giggles (07/01/10 06:10 PM)
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1004SRS
Carpal \'Tunnel
Reged: 12/11/06
Posts: 5044
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Get over it. Just don't spend the night with your boyfriend when you have kids there. You agreed to the CO at the time, well put on your big girl panties and deal with it.
You have a sucky lawyer if your divorce has dragged on for 6 years.
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palmel1234
journeyman
Reged: 03/05/10
Posts: 93
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Why would you move back into the house when he knows that you live there?
Seems to me you'd be better off living somewhere where he doesn't know where you are.
Why is it taking six years to divorce? I realize people drag cases on, but maybe it's better if you cut your losses, agree to whatever he wants (within reason) and get your divorce finalized.
So you want to stay over night with your boyfriend? Can you just do it on the nights you don't have your child?
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77giggles
recently joined
Reged: 06/30/10
Posts: 8
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wow, you are very judgmental. Put on my big girl panties, huh, because I AGREED to the CO. You do not know enough about my case to make this type of statement. I agreed to NOTHING. My husband nearly killed me in front of my minor child who bravely called the police to save my life. He has been Ordered to only have supervised visits, there is no custody AGREEMENT. I have custody - that's not the problem. I am not asking for one thing other than my safety and my daughters safety. I walked away from EVERYTHING for our safety and sanity. He has every single piece of monetary and sentimental property owned for a 20 year marriage. I could care less about that stuff - monetary stuff means nothing as long as we are both safe. This man is very wealthy, with a very good attorney, has financially ruined me (it has nothing to do with whether or not my attorney is good or not) he has successfully manipulated the court systems in 2 states.
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77giggles
recently joined
Reged: 06/30/10
Posts: 8
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thank you for your kind comments. I have cut my losses long ago. He unfortunately has been able to manipulate the court system in 2 states. And there is never a time that I do not have my child with me, he only gets one hour of supervised visitation per week. Again, thank you for being kind with your response.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6453
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Hire a security guard.
Saying you need your boyfriend sleeping over to provide protection is the weakest excuse I've ever heard. You don't have to agree with that, but you better believe that a judge will.
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palmel1234
journeyman
Reged: 03/05/10
Posts: 93
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You're welcome. I'm sorry for what you're going through.
I know some folks are going to jump on me for this, but I would say how would he know if you're sleeping over at your boyfriend's house? Or can he sleep over at your house and get up early in the morning before your daughter wakes up so she wouldn't know?
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7135
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"I know some folks are going to jump on me for this, but I would say how would he know if you're sleeping over at your boyfriend's house? Or can he sleep over at your house and get up early in the morning before your daughter wakes up so she wouldn't know? "
But what does she do when/if he finds out and the judge on the case agrees with the antiquated law and finds her in contempt and or removes the child from her care? It's NEVER a good idea to suggest someone go against their CO.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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