Legal Question in Family Law in Arkansas

Re: Can he take away my son?

Yes I am ashamed to say he could take your son if you admit your girlfriend is your roommate. There is AR case law upholding a judge refusing to consider being "gay" and living with someone as a reason to change custody, but in that case it was important that the gay couple denied any romantic involvement with each other. For what it's worth, it would be the same if your were cohabitating and were straight-the AR courts prohibit romantic cohabitation of any kind, gay or straight. The problem with that rule is a straight couple can get married and cure the objection. I expect another 10-15 years before AR (and most of the rest of our country) is pulled into the modern age. The newly published statistic that over 30% of births are to unwed mohters will be the tipping point eventually. As society has made it clear there is less stigma in cohabitation, the courts will be forced to eventually follow.

All that being said, I cannot say you will automaticly lose, but if the judge decided to change custody base only on you being in a romantic cohabitation relationship there would be nothing you could do about it as the appelate courts would likely uphold the decision.