Legal Question in Family Law in Virginia
CoHabitation? Is it really against the law?
I was threatened to be taken to court by my ex-husband and told that he would be taking my children from me becuse i am living with my fiance'. He says it is against the law. I have been living with him for 5 years and now that we have announced that we are planning to get married it seems to be a problem that we live together. We are both on the lease of the house.
2 Answers from Attorneys
Re: CoHabitation? Is it really against the law?
It's not against the law. Judges are divided on the issue. Some take the position that they won't count it against you if the child wasn't concieved in a marriage. Some judges think it is immoral and ban children being exposed to it. This would also be true if the gentleman were an excellent influence on the children. Ultimately, marriage counts. I advise many clients to make it legal, kick him out or be prepared to lose thier children.
Good luck.
Re: CoHabitation? Is it really against the law?
No it is not against the law, but the court would examine the question of whether it is in the child's best interest to be exposed to the unmarried romance. Provided your boyfriend does not pose a danger or a bad influence on the child, you are probably in good shape. You probably should consult with an attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
