Can custody be reconsidered due to co-habitation without being married?
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Can custody be reconsidered due to co-habitation without being married?
Asked on January 16, 2013 under Family Law, Alabama
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Whenever there is a material change in the lives of the children, the court can reconsider a change in custody orders. Historically, unmarried cohabitation has been frowned upon by judges as a moral breach. A more conservative judge would modify custody to place the child with the other parent. A less conservative judge will simply impose a restriction on the custodial parent that orders them not to allow any adults of the opposite sex to stay overnight during their periods of possession. A liberal judge simply won't care.
The bottom line is that it is a factor that can be considered to modify custody. Before filing for modification, arrange for a consultation with a couple of different family law attorneys that practice in your jurisdiction. They should be able to give you a better assessment of what types of judges will be handling your modification request. From there, you'll have a better idea of whether you want to go forward with a motion to modify, or not.
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