How Overnight Guests Can Affect Your Child Custody Case
Posted on Mar 11, 2014 11:51am PDT
If you are seeing someone, or even several people, then you need to be cautious with mixing your dating life with your divorce in court. While there is nothing wrong with starting new relationships after separation, you will want to be wise as to how you conduct these relationships, as it could affect your children. If you are constantly having partners over to your home to spend the night with the children present, the courts may be worried and may be hesitant to give you custody of the children. Instead, it is wisest to meet with your partners at their home, or arrange meetings when the children are at a friend's house or at the other parents home.
Children can become very confused if there is a constant revolving door at the home and different adults coming in and out all the time. The courts will always decide child custody in the best interests of the child, and if they declare that it is not in the best interests of the child to be in a home where the parent is constantly inviting dates in, then the other parent may get primary custody.
It is important that you are wise as to what you say and do regarding your dating relationships. Don't post on Facebook about the relationship or indicate any permanence if you want to keep your date out of the court proceedings. If your partner moves into the marital home, then the court may want to interview him or her and discuss how this would affect the children's well-being.
Even if you have one consistent partner, you may still want to be careful about inviting that partner over for the night. In some states, if you have a partner over three or more nights, and not necessarily consecutively, then that partner may be considered a cohabitant. This can lead to legal implications, and once again will get your date involved in your divorce proceedings. The courts may want to investigate the date for a criminal record, any history or alcohol or drug abuse, and more. If the court does find concerning information about a partner that is considered your cohabitant, this may also jeopardize your ability to obtain custody of your children.
The courts want children to be in a stable home environment, and when partners are constantly coming over, this can be anything but stable. Contact a local family attorney if you want more information about how to wisely conduct your relationships with dates and carefully structure your family life so that you are eligible for full custody of the children that you love. Don't hesitate to use this directory to find a skilled attorney near you!
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