Can I file for full custody of my children and win my case even though my boyfriend and I live together?

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Can I file for full custody of my children and win my case even though my boyfriend and I live together?

My husband and I have been separated for 3 years. We have 2 children of which we have joint legal custody; he has residential custody. When we first went to court I couldn’t afford a lawyer. I was butchered pretty much because my boyfriend (of 2 years) and I live together. I get visitation on Sundays from 8 am to 8 pm. My husband hasn’t had a job in over 2 years, has never had a license, and of course no means of transportation. I, on the other hand, have a stable job, a valid drivers license, and a dependable vehicle. We both have homes. My children adore my boyfriend.

Asked on February 5, 2012 under Family Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is the issue. In many states, especially the conservative states, the public policy is to frown upon such living situations because in essence there is no legal tie between you and your boyfriend and further, it is unstable for the children because he has yet to be your husband. You may consider consulting with an attorney to get a divorce, and remarry unless of course the new marriage will invalidate any support you get from him. If he doesn't give you any financial support, you might consider the option so that the court can see you have made it a more stable situation, a permanent situation so that you can try to obtain full custody by showing that he doesn't have employment, a mode of transportation or true responsibile behaviors.


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