Family Law

Can You Lose Custody Because You Live With Your Boyfriend?

By Ben Stevens

Question:  I have been told that since I am unmarried and live with my fiance', the Court will give custody of my child to her father who never sees her.  How can that be?

Answer:  First, you should be careful as to believing what "others" may tell you, as only your attorney can give you accurate advice specific to your particular case.  The things that your friends, co-workers, and/or family members may tell you (no matter how well intentioned they may be) may not necessarily be true or applicable to your case.

Now, if you are living with a boyfriend/finance' to whom you are not married, the Court will consider that to be an "immoral environment."  As such, it will be a factor, but it is only one of many factors that the Court will consider in a custody case.  In some cases it can be the determining factor, whereas in others it might not make as much of an impact on the outcome. 

The bottom line is that you should tell your attorney all of the facts of your case (both good and bad) so that he can then give you the appropriate advice.  Without knowing all of the facts of a particular case, it is virtually impossible to say how much of a factor any one item will or will not be (except for things such as child abuse or neglect).

Full post as published by SC Family Law Blog on July 11, 2008 (boomark / email).