QUESTION
Is a parent (in VA) supposed to get consent from the other when moving into the same household with a new partner?
Asked on Dec 05th, 2011 on Child Custody - Virginia
More details to this question:
Mother and Father are not together nor were they ever married. They currently share joint custody but the father has primary physical custody. Is he required to get the mothers permission if he wants to move in with a female he is romantically involved with but not married to?
2 ANSWERS
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The mother's permission is not "required." Many courts in the Commonwealth incorporate standard "Conditions and Restrictions of Custody and Visitation" as part of their custody/visitation orders. One such condition prohibits parties from "openly cohabiting with any person to whom he or she is not lawfully married, in the presence of the child." Mother could file a contempt motion if that provision is in the current order and father moves in with his girlfriend.
This answer does not constitute legal advice, nor does it result in the formation of an attorney - client relationship.
Answered on Jan 04th, 2012 at 12:57 PM
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There is no rule in Virginia about getting consent from the other parent before moving in with a romantic partner. However, this may constitute a material change in circumstances that would give rise to modifying the custody and visitation arrangement. If there is something about the situation or the person that is detrimental to the children, then that should be brought to the court's attention. Since the children were born out of wedlock, it would be difficult to make a morality argument. It all comes down to what is in the children's best interest, which must be determined on a case by case basis.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.
Answered on Dec 06th, 2011 at 1:22 PM