Legal Question in Family Law in California

Custody of my two children

I am divorcing and my husband was given temporary custody of the children untill I found a home. I am supposed to move in Dec 1st. I have been living with a new boyfriend for the past 4 weeks. My new boyfriend feels I should not move and just stay with him as I'll save more money. Would the courts look bad upon me for doing this? Would this make me look like a bad mom? What about child support? My ex doesn't have to pay as he has the kids all week and I have visitation Wed, Fri, Sat and Sun. I'm not sure what to do. Do I move into a home by myself? Or do I stay with my new boyfriend and save money and just have my kids weekends?


Asked on 11/26/01, 7:13 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Custody of my two children

you would not be penalized for living with a boyfriend unless the boyfriend presented some danger to the kids.

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Answered on 11/27/01, 1:06 am
PATRICK MCCRARY PATRICK MCCRARY

Re: Custody of my two children

Why are you asking attorney's over the internet what is in the best interest of your children? We don't have crystal balls. The best interest of your children is more important than any legal answer. However, the judge may ask the question why you would move into another relationship while you are in transition and while your children are going through a rather traumatic time in their lives. Particularly, into a realtionship where your boyfreind considers you sleeping in his bed more important than caring for your children. My non-legal but personal advice is to move into your own place and get some counseling, through your church or otherwise, until you can understand what is in the best interest of your children and focus on those children and their needs before you focus on your needs for a new relationship and child support, etc. At that point you can decide whether it is in the best interest of your children to live with you. When you have your children's lives stabilized then you can consider another relationship and the rest of your life. Good Luck, Pat McCrary

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Answered on 11/27/01, 10:57 am


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