I have a 7mo old daughter and am about to start the custody hearings process with her mother. The mother and I were never married and never even lived together just had a child. I am a very responsible and loving father. I have a stable job and home. My girlfriend of a year''s lease is running out and I would like for her to move in with me. I told my family and they are worried that the judge will tell me that I will heve to tell her to move back out because we are not married!? The girlfriend is a wonderful person who has no criminal problems, past or present, isn''t involved with drugs or anything bad at all. What should I do in this case? Will the judge not allow the 50/50 custody I am wanting bc of this?? And what kind and how much of an uproar can my daughters mother make over this?
There is no hard and fast rule against you having your girlfriend move in with you, but it certainly will not do anything to help your case. If the mother of your child is looking for ammunition to use against you, you are handing her some, but I'm not sure how far it will get her. She may be able to make some moral objection about exposing the child to your relationship. However, you could point out that your own child was born out of wedlock, so I'm not exactly sure what her moral objection would be. If your girlfriend is a stable and positive influence in the child's life, then it would be difficult for the mother to use her against you. I guess the worst potential outcome she could raise is that because you are not married, it could devastate the child if and when you break up. But this is so speculative that I can't imagine a judge would let her raise it. So the bottom line is that there could be factors raised on both sides relating to your girlfriend, but I think if your girlfriend comes to court and testifies so that the judge can see for himself that she is good person to be in your daughter's life, this can only help you.
However, the idea that you will get a 50/50 custody arrangement is extremely unlikely. Not because you are the father, but because when you take a custody case to court, the judge generally considers it his or her job to make a decision for one parent or the other to have primary physical custody. It would be extremely rare to see a judge award a shared custody arrangement. We usually see these schedules worked out through settlement between the parties out of court. In court you can try for primary custody for yourself or to obtain as much visitation time as possible. Or maybe you'll prove me wrong and get a shared arrangement. If so, I'd like to hear about it.
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.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.