Will living with my new girlfriend hurt my child custody case?

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I recently filed for joint custody of my 6 month old son but I moved in with my girlfriend fulltime. My son's mother is upset and refuses to allow my son to come over and visit due to my new girlfriend. She say's it's not in the baby's best interest to be introduced to another "mother figure" this young. Can she do this? Also, will me living with another woman hurt my case?

Attorney Answers

4
Evan Koslow ·
So long as your girlfriend is not a harm to your child (i.e. convicted of a serious crime, past issues with child abuse/neglect, etc.), there will not be a negative effect on whether or not you should have access to your child due to the fact that you are now in a relationship. The Court must determine what is in the best interest of the child when determining the custody/visitation schedule. When determining what is in the best interest of the child, the Court considers 11 factors, which includes, but is not limited to, the distance between where the parents live, the age of the children, the suitability of the parents' residences for the child, and any prior abandonment by a parent. I highly recommend consulting with an attorney in order to obtain an opinion (after receiving more facts than what you have provided) as to what possible outcomes can be expected in your case.
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Jeffrey Henry ·
People are not required to become celibate after having a child and ending a relationship. The court will decide custody based on all the normal factors it considers, notably the best interests of the child generally. If your new gal is an axe murderer, a drug addict, a convicted child abuser and the like, obviously this would have a negative effect. If your relationship with her demonstrably causes you to provide less quality care for your child (because you devote all your time to her and don't engage as much as a father in the child's life, schooling, medical care and activities) that would be a problem too possibly. Its all about how her presence affects the child, and as long as her presence doesn't present any danger to the child or cause some kind of neglect or cause you to be uninvolved or disengaged, it shouldn't have a negative impact. In fact, it could be a positive thing if she provides a positive influence on his life and/or you two create a family environment. The court may not like her withholding visits. The child is presumed to benefit by having time with dad, and the fact that mom may not like the fact that dad may be dating again is not a reason to deny visits
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Thomas Mallon ·
Your first question is more complicated than you may think. Legally both parents have equal rights to the minor child. If the mother of the child was allowing visitation in the past, and the girlfriend is the only change, unless the girlfriend is causing some harm to the minor child it is not a factor to be considered by the court for custody. However, when it comes time for your hearing the court will consider what has been the custody and visitation schedule up to that point. So if you ex, allows some minimal visitation, it then becomes your burden to show the need for a change and why that change benefits the child. So when you ask, can she do this, the answer is that the custody and visitation schedule is whatever the two of you come up with, until there is a hearing. As to your second question, legally living with another woman does not hurt your case unless that woman is harming your child somehow. A 6 month old does not have the mental capacity to judge others the way someone older would. They are not going to harbor jealousies the way your ex is. They are not going to be upset the way a teenager might be. In the long run it may be used against your ex, because she will not allow visitation without any just cause, but it a very tough thing to have to wait for if it means not seeing your son in the meantime.
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David Mahood ·
The mother does not have the right to prevent you from being with your child just because she is jealous of your new girlfriend or jealous that the baby might call your girlfriend, "Mom." If you and your girlfriend provide a good home, then the court will appreciate that. To maximize your chances of getting the legal results you want, I recommend you consult with an attorney.
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