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Can cohabitation affect spousal support or child custody?

The definition of cohabitation varies from state to state, but the term generally refers to an unmarried couple living together in a romantic relationship. According to the U.S. Census, the number of unmarried couples living together increased tenfold from 1960 to 2000. Cohabitation can be an attractive option for couples, but if you are divorced or separated from your ex-spouse, you should understand the ramifications of cohabitation before moving in with your new partner.

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If I do not like an existing child custody agreement, can I file for custody in another state?

If you do not like the custody agreement that you have in place, filing for custody in another state probably won’t be an option. While in the past it was possible for parents to take a custody agreement to different jurisdictions while looking for a favorable judge, today this has been prevented by legislation called the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA.

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If one parent is in homosexual relationship, how does this affect child custody?

When a court is asked to determine child custody, they will do so by looking at the best interests of the child. In order for them to make a change to the custody agreement, there generally must be some material change in circumstances that affects the court’s view of what is best for the child. If your ex is living with someone without being married to that person, then this may be viewed as a material change in circumstance and may be grounds for a change in the custody arrangement. This is true whether the person your ex is living with is a same-sex partner or not.

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Criminal Convictions Impact on Child Custody Cases

A person with prior criminal convictions may find that those prior convictions become a factor in subsequent child custody proceedings. A family court judge typically has broad discretion to make custody orders that are in the best interest of the minor children. Certain types of criminal convictions will absolutely have an impact on child custody proceedings while others types of convictions may be considered.

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Child Custody for Fathers

Fathers typically have a more difficult time obtaining custody of their children than mothers, but the rules are changing. Dads who want custody of their children need to know how to plan and build a successful custody case.

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What rights do fathers have regarding false abuse allegations and child custody?

False abuse allegations are more common in child custody cases than you might expect, and they can have a devastating effect on everyone involved. In Virginia alone, there were 37,165 reported cases of abuse reported in 2007. Only 3,998 were found to be valid. If you have been falsely accused of domestic violence or child abuse as part of your child custody case, there are a number of effective ways to protect you and your child.

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What is a custodial parent?

The terms custodial parent and non-custodial parent are used in instances where two parents of a child have broken up and are no longer living together. Under a custody arrangement, one parent may receive custody of the child; the child lives with that parent. That parent is the custodial parent. The other parent, who may have visitation rights depending on the circumstances, is referred to as the non-custodial parent.

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