Will child custody be affected by my living situation with a significant other?

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Will child custody be affected by my living situation with a significant other?

My wife and I separated almost a year ago. My girlfriend and I live together now,
and my kids visit every other day. My wife has grown more hostile at the thought of
our children being around my girlfriend, despite the fact she has had a positive
impact on the children since day one. Can my wife use this against me during
divorce proceedings?

Asked on March 22, 2017 under Family Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It does not automatically or necessarily count against you, but there could be facts here that will hurt you in regards to custody, such as:
1) If the girlfriend has a substance abuse problem or criminal record, or brings over friends/family with same; 
2) If the girlfriend badmouths your wife or tries to undercut her with the children;
3) If you and your girlfriend act inappropriately (excessive displays of intimacy, for example) around the children.
4) If you have been inattentive to the children while your girlfriend is around.
So it's behavior, not the fact that your girlfriend is there, which could be a custody issue, if there is any problematic behavior.


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