Legal Question in Family Law in Alabama
Getting remarried...
I've been divorced for two years, and have had primary physical custody of my daughter for the past several months. I'm engaged to remarry, and wonder if my ex would have a legal reason to challenge custody (that she willingly relinquished) if my fiancee and her children move in with my child and I before we are actually married. I've checked my divorce decree, and nothing relating to this is specified, but I'm unsure as to whether or not there may be statutory action she can take. Thank you for your time.
1 Answer from Attorneys
Re: Getting remarried...
Most divorce decrees have a prohibition against cohabitation, so check your decree or your agreement to see if you have overlooked something. While there is not a law that specifically prohibits you from doing it, family court judges will typically weigh it against you in making a custody determination. My advice would be to go ahead and get married before you move in together, or you will be giving your ex an excuse to take you back to court. The cohabitation by itself is probably not enough to justify changing custody back to her, but it would give her enough of an excuse to start a court fight again.
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