Dad Pans Girlfriend Sleepover Ban

A divorced father will fight a ruling that keeps his girlfriend away from their Michigan home when his children visit overnight, the state chapter of the American Civil Liberties Union said Wednesday.

The ACLU said it would appeal to the state Supreme Court on behalf of Christian Muller, whose ex-wife sought the court order based on an 1838 state law that makes "lewd and lascivious cohabitation" a crime. Michigan is one of only seven states with such a law on the books, the ACLU said.

"This antiquated law allows the state to unconstitutionally interfere with a parent's relationship with his or her children," said Kary Moss, executive director of the ACLU of Michigan.

Muller shares legal custody of his two daughters, ages 5 and 7, with his former wife, Nicolette Muller.

Oakland County Judge Daniel Patrick O'Brien ordered that both parents be prohibited from having overnight visitation with their children when they have unrelated overnight guests of the opposite sex.

The latest appeal argues that the Court of Appeals decision conflicts with its prior rulings and with the Child Custody Act of 1970, and relies on an unconstitutional statute — the 1838 state law.

Elizabeth Silverman, an attorney who had represented Nicolette Muller, said Wednesday her services had not been retained for the latest appeal.

A home telephone number could not be found for Nicolette Muller, who lives in southeastern Michigan.