Legal Question in Family Law in Georgia
Custodian's right to live with someone
1. Does a mother/custodian have the legal right to live with someone of the opposite sex? The final decree does not state a morals clause. The father/non-custodian parent has lashed out (tires slashed, car keyed...) because he is angry about the living situation. Since I do not have concrete evidence of this (who else would it be?) I have not been able to prosecute. It has been over a year since the divorce was final. During visitation, our daughter, who is 2 1/2 is only taken care of by his parents. He never picks her up or brings her back for visitation. I have to make all the arrangements with his parents because he does take care of her and they do not make him. She has started crying uncontrollably when she has to go there. I have tried to make it a special and positive time for her but she still gets very upset. At what age can she elect not to go? I can not imagine making her go when she is a teenager with her own life. 3. Without the morals clause, can he take me to court for living with someone?
1 Answer from Attorneys
Re: Custodian's right to live with someone
As for the violence and property damage, no action can justify that sort of behavior. I suggest that you report the incidents to law enforcement and hopefully a proer investigation will get to the bottom of that behavior. As for your daughter's right to choose, she would have an absolute right once she turns 14. Until then she would have to go to visitation in accordance with the decree. Children at that age have a hard time with visitation and hopefully as the primary custodian you will be able to give her a lot of love an support in the transistion. Unfortunately, you can not make her fahter to be a good parent. Visitation is his time to spend with her as he sees fit, which would include the time he has to allow your daughter to spend with his parents. As for the issue of you living with another person, he could take you to court. It is not per se grounds to change custody, but there are some very reputable psychologists that say that a penten living with another person who is not the spouse can be harmful to the child's well being. What you really need to avoid is multiple attachements for the child. You also need to be careful just who you live with and check that person out very throughly. Background checks and all. You don't just have your safety to worry about any more and you never know these days.