Vollet v. Vollet

202 S.W.3d 72 (2006)

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Nature of the Case

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Facts

W filed a petition for dissolution. H and W agreed on the division of their marital and non-marital property and debts, and agreed to joint custody of their three minor children, (ages two and five) alternating on a week-on-week-off basis. The Separation Agreement included a parenting plan for the minor children. The parties testified as to the terms of the separation agreement and parenting plan that the terms were not unconscionable and were in the best interest of their three children. As part of the week on and off custody, neither party was to cohabitate with or permit anyone, not a relative, to stay overnight at any time in which the Minor Children are in his or her physical custody, or for any periods of temporary custody/ visitation. H and W asked the court to incorporate these terms into their Separation Agreement, and include its terms in the judgment. The judge refused to include the non-cohabitation part of the agreement. Neither spouse should have that type of control over the other. H appealed.