Legal Question in Family Law in Georgia

Custodial Parent living with boyfriend.

I am the CP and there is no clause in my divorce papers that state I cannot live with anyone. What legal reprocussions can the NCP bring upon me for having my boyfriend live with my son (age 7) and I? Can he attempt to get custody of my son on these grounds?

Asked on 8/25/08, 1:25 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office
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Re: Custodial Parent living with boyfriend.

Since it is a crime in Georgia to have sex with someone you're not married to, a judge certainlky could change custody should you decide to let your boyfriend move in. If your children matter to you, the only person you should ever let move in would be a spouse once they are a spouse. You'd be taking a risk otherwise.

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8/25/08, 1:27 pm
Charles W. Field Charles W. Field, Attorney at Law
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Re: Custodial Parent living with boyfriend.

I don't think a judge would pay much attention to the living together, unless you were doing something outrageous, like having sex in front of your son. However, I would advise you to consult with a local attorney who can better advise you about how your local judges would likely view the situation.

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8/25/08, 3:28 pm
Harold Holcombe Harold D. Holcombe, P.C.
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Re: Custodial Parent living with boyfriend.

Yes he could. In a custody battle the judge must decide what is in the best interest of the child. This is just one of many factors that he would be likely to consider. The trial judge has a lot of discretion and how the case goes will depend a lot on the judge and how the evidence is presented.

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8/25/08, 4:08 pm

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