Legal Question in Family Law in Louisiana
Do I Jeopardize My Girlfriend's Custody by Sleeping Over?
My girlfriend has two children, ages 4 & 11. In the past two years of dating her, I have been more of a father to her two children than their real father has ever thought of being. The custody of the children has not been decided, yet. But, she currently has physical custody. He currently has a protective order against him on behalf of my girlfriend and of her son from a simple battery charge. He is grossly in arrearage for child support pay, has a record a mile long and in general...is worthless. My girlfriend is concerned that my sleeping at her house on occassion will jeopardize her custody fight. I have my own house, yet sleep at her's on occassion. I have been a very active part of their lives for nearly two years, as though they were my children, providing holsum, loving opportunities and luxuries for all. Does her ex have any leverage for custody by me sleeping over on occassion? My girlfriend and I are in one bedroom and the kids are in each of their bedrooms.
1 Answer from Attorneys
Re: Do I Jeopardize My Girlfriend's Custody by Sleeping Over?
I would counsel you to not spend the night at your girlfriend's house if the children are there, regardless of there being separate bedrooms. The standard visitation order in this jurisdiction forbids, while the children are present, the overnight stay by a person of the opposite sex not related to the parent. The way to remedy the problem would be to marry her, and adopt the children.