Question:

Can the mother of my child cohabit with a non-marital partner if she has temporary or full custody?

Answer:

Generally speaking, the court will not dictate who your child’s mother is living with.

However, being that your child is a minor and she has custody, the court will address the issue if the child’s best interests are compromised and the child is living in a potential harmful situation.

By harmful, I mean that your child’s mother is living with a known sex offender, someone with significant domestic violence charges or the children are exposed to an environment that will harm the child’s mental, physical or emotional well-being.

If that is the case, you could petition the court to readdress the the issue of custody and potentially modify the agreement based on a change in circumstances from when the original order was issued.

The court’s main concern is the best interests of your child, so if there has been a substantial change in the situation that caused her to be awarded physical custody, the court will address and determine if that would need to be modified.

I am sorry that I am unable to provide you with a more direct answer, but I hope this gives you an idea of what would be needed to address the court for a change if appropriate.

Remember, I am unable to provide you with anything more than general divorce tips for men, so please consult with a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.