Legal Question in Family Law in Georgia
We live in GWinnett County Georgia. My husband's ex-wife has been living with a man to whom she is not married. She has physical custody of their two children, and they share legal custody. Is this meritricious relationship sufficient for the court to order a change in custody? We have the children 10+ days per month, and I have a record of this visitation for the past 3 years.
3 Answers from Attorneys
The Georgia court will consider a modification of the custody order if there is a "material change of circumstances." Without knowing any of the specifics of your situation, a Georgia Court will likely NOT change a custody order simply because the ex-wife has a live-in boyfriend. With that said, if the live-in boyfriend is somehow a threat to the kids or not a suitable person to be living in the home (for some other reason), the Court may be sympathetic to that issue.
I would strongly recommend that you consult a Georgia family law attorney before you proceed. Best of luck. *******The above is for informational purposes only and does not create an attorney-client relationship.*******
Without a lot more facts, there's no way to answer.
You omitted the facts needed to answer, such as the age of the children, how the man behaves around them, your character, how good a parent your husband is, whether the children are well cared for, etc. Those are amongst the things that would matter to most judges.
Although you have not provided sufficient facts to provide a definitive answer. You should know that many judges include in their custody orders provisions that prohibit parents from having overnight guests of the opposite sex. Unfortunately, it appears this was not included in your order.
Nevertheless, if this is important to you, you should take the time to consult with an attorney during an office visit. Depending on the facts, you may be able to change custody or force her to move out from her live in boyfriend.