Legal Question in Family Law in Arkansas


Unmarried mother of two in Arkansas. Have been living with fiance for past 7 months. Ex-boyfriend who is father of my children lives in Missouri and has threated to ''get me'' on cohabitation in order to gain custody of children. Is it illegal for my fiance and I to live together with my children, when we have clearly stated our intentions to marry?

Asked on 2/02/08, 5:03 pm

1 Answer from Attorneys

Brandon Moffitt Moffitt & Phillips, PLLC

Re: cohabitation

Although it is not illegal, many custody orders in Arkansas prohibit "overnight guests of the opposite sex while the children are present." So the first thing you should do is read the child custody order.

Secondly, many judges disfavor overnight guests, regardless of the circumstances and may take it in consideration if a challenge to child custody is filed.

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Answered on 2/09/08, 12:12 pm

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