Will Living Together Impact Child Custody?

Deciding where the kids will live can be one of the most difficult, and most contested parts of a divorce case. The Court will make this determination based on what is in the best interests of the children, given the evidence. In order for an accurate decision to be made, you must present evidence of what is best for the kids to the Judge for consideration. This might include evidence of the child’s preference (usually not considered unless the children are older and more mature), the ability of the parents to provide the emotional and financial needs of the kids, details of the proposed visitation schedule, and other factors. It is these “other factors” that are hard to define, but in most instances they include evidence about the personal lives of the parents.

One of the hottest topics when it comes to the personal life a parent seeking custody is the current living arrangement, including whether a new love interest spends the night, or has moved in with the non-custodial parent. Divorcing parties can be known for making unreasonable demands of their ex-spouse when it comes to the kids, some of which include:

•   The non-custodial parent maintain a certain type of home and/or bedroom for their child.
• That there be no overnight stays by new romantic interests when the children are present.
• A requirement that kids call and check in with the other parent visiting a non-custodial mom or dad.

Some of these concerns are valid, while others are less significant. The issue that seems to arise most frequently is that of overnight visits, or what to do when your ex moves in with someone new. The Court has ruled that these circumstances, standing alone, do not mean that the parent is acting in a way harmful to their kids. Each case is different, so will require thorough analysis is in order for the proper decision to be reached. We have experience investigating the facts and making an argument on your behalf. Call our office today to discuss the facts of your case and learn your options.

For more information about how to protect assets in the event of divorce, contact our office. Let us put our experience to work for you. Call The Sampair Group in Phoenix and the West Valley today to schedule your appointment.