Legal Question in Family Law in Virginia
Child custody
I was wondering if you could answer a question. My boyfriend is going through custody in virgina, they told him he couldn't live with someone of the oppisite sex while his daughter is there. they both get her for two weeks for now in 6months they go back, now if he gets custody of his daughter, would he be able to live with the oppisite sex then. We lived together before he got this two week visitation. i was just wondering if once it is all said in done if we could move on with our life.
1 Answer from Attorneys
Re: Child custody
If all things between the parents which the court evaluating the custody matter considers important to the best interests of the subject child are roughly equal, and it were to come to the attention of this court that one of the parents intends to resume cohabitation without the benefit of marriage after being granted custody of the child, that person almost certainly would not be awarded custody.
And, if it later came to the court's attention that such was in fact was occuring, then the court would likely modify its previous custody order and award sole custody of the child to the other non-cohabiting parent.
Considering the above, the answer to your question then must be, no, you cannot resume cohabitation in the event your boyfriend is awarded custody of his daughter or he very likely will lose such custody.
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