More details to this question:
I currently live with my boyfriend; we have been for about a month now. My ex and I go to court to finalize our order in a few months, he is absolutely insane about me living with my boyfriend, and we have a 2 bedroom apartment that is new in one of the most sought after school districts around. He keeps saying the judge is going to make me move out of my current place which has my daughters room set up, it's not as though she sleeps in the same room as us. She is 6 months old. The father has his regular visitation and pays his child support. I believe he is doing this just to keep some control because I have text messages from him saying he has no problem with my boyfriend. I just want to know what to expect and to prepare for it if the judge is going to have me move out of my nice apartment which I have a legal lease with as well.
7 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Where you live is your Constitutional right. The court can stop a child living somewhere dangerous but you have your own rights. Sounds like control issues.
Answered on Nov 22nd, 2012 at 1:23 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Are you being represented by an attorney in your divorce matter? If not, you should so as to make sure any custody order takes into account your current situation. Some Judges treat this situation as negative and may not allow it if they have to decide. An attorney can make sure that you resolve this issue to your best interest.
Answered on Nov 20th, 2012 at 5:03 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Can he? Yes. Will he? no
Answered on Nov 20th, 2012 at 5:03 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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A judge won't ask you to move unless he/she finds that it is not in the best interest of the child to be living in the home of the new boyfriend. If the new boyfriend is not a felon, registered sex offender, drug or alcohol abuser or no record of domestic violence etc., you should be fine. As long as real dad wants to be involved you should work to have a cooperative parenting plan with him for the well being of the child. Two loving parents is a great start.
Answered on Nov 20th, 2012 at 5:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Unless there is a problem with your boyfriend, sex offender, violence, drugs, drinking, etc., it is very doubtful that the court will order you to move out. It is possible that there will be an impact of the custody ruling as the stability of the child's place of domicile is a factor, and the fact the cohabitation relationship is only one month in duration could be the basis for an argument. Get good counsel and argue your case.
Answered on Nov 20th, 2012 at 5:00 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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The Judge has no authority to tell you where you can or can't live. The authority is over where the child lives and who she is in contact with. If there is a reason why the child shouldn't be around your boyfriend, then the Judge can consider that in making an order. If there are no problems with your boyfriend, however, then this is likely not an issue.
Answered on Nov 20th, 2012 at 5:00 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to remember there is a big difference what a judge CAN do and what he WILL do. Your ex- doesn't have any more ability to predict what the judge than you do. But, he is probably blowing smoke simply because he doesn't understand that he will have to convince the judge that your current living situation is harmful to the child and your living with a boyfriend is not automatically harmful. Strictly speaking the judge cannot "make you move" but he could decide that he will do something else if you don't move. For example, if your boyfriend is a convicted sex offender guilty of molesting children, the judge might say that the child would live with the father unless you moved out. That is indirectly forcing something he could not do directly.
Answered on Nov 20th, 2012 at 4:55 PM