My question involves a child custody case from the State of: Georgia. Will a judge typically deny overnight visits for an 11yr old?
I filed for Divorce in May 2016 following the demise of my marriage. My husband & I were married in 1996. The marriage slowly fell apart. I asked him to move out may times from May 2015 to February 2016. I told him I was unhappy and wanted a divorce; however, we could not afford a divorce. I felt stuck. I moved out in February 2016. It was extremely hard, I didn't want to leave my kids. But i also could not stay there any longer. He was verbally abusive and i was unhappy and crying all of the time. I moved in with a friend initially.
I met someone in October 2015 and we dated until he asked me to move in with him in April 2016. We are now in a committed relationship and I have been living with him since. (7mos) We have arranged visitation where I get the kids every other weekend. I currently do not have overnight visits. The only reason I agreed to that now is because I knew we were eventually going to mediation and possibly court and i was hoping we would come to some type of agreement. But I get my son (11yrs) Saturday 9am-8pm and Sunday 11a-8p. My daughter is 15 and very involved in her school and band. So I do not force visitation on her.
however, my husband has refused overnights. He is very religious and does not think that our kids should see us "sleeping together" when we are not married. He is obviously mad and bitter that I left him and have found someone else. He doesn't want the kids around my boyfriend at all.
My daughter has had a hard time with everything, so I do not force visitation on her. i always ask & invite, but I allow her to decide what she wants to do.
My son loves coming over to my house. He has not wanted to spend the night because it is still new to him as well, and I have not forced the issue. Although I have said that I would love for him to spend the night at some point.
I want the right to overnights during my visitation. I am not asking for full custody. I am asking for joint legal custody with every other weekend vistation and shared holidays. I do not see how any of that will work if I am not granted overnights. I am not asking for the house to be sold, only refinanced so that the kids do not have to move or change schools. I feel that I am being more than fair. Yes, I moved out and met someone else. I have acknowledged that. But my husband seems to think that the judge will side with him (morality clause) and not allow me overnights.
Is it likely that the judge will take his side?