Ask a Divorce Lawyer: Can a judge prohibit live-in significant others?

Question: Are there instances when the law states that a woman who is granted a divorce with custody of a minor child is told she cannot have a boyfriend living with her in the same household as her minor child?

 

Answer:

Each state has different laws governing the custody and placement of children.  Your question is whether or not there is a specific law in Alabama.  I do not practice in Alabama.  Therefore, you should contact a domestic litigation attorney licensed in Alabama to find out whether or not there are laws prohibiting live-in significant others.

Moving in with a significant other is typically very difficult on children.  Recognizing this, the Courts are especially intolerant when a parent resides with a significant other into during the pendency of a divorce.  Therefore, you should consult your attorney prior to making any decisions.

Even if there isn’t a state law, this doesn’t mean that a Judge cannot make an Order prohibiting live-in significant others.  For example, the Court could award sole custody and/or primary placement with one party but Order that the addition of a live-in significant other represents a substantial change in circumstances which warrants the Court’s reconsideration of the custody and placement arrangements.  Your attorney will be able to tell you how the Courts in your jurisdiction have addressed similar situations.

 

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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