Can my ex prevent me and my son from moving in with my boyfriend? 2 Answers as of July 09, 2012

I have been with my current boyfriend since i was 3 months pregnant. My sons dad has his own place but goes back and forth from his house to his moms house. If my boyfriend and I get our own place, can my ex take me back to court? We have joint custody but i am the custodial parent. My boyfriend has NEVER done anything to harm my son nor has he ever been in trouble with the law. He has a clean record and takes care and loves me son as his own.

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Ezim Law Firm | Dean Esposito
If there is a provision in any judgment that prohibits members of the opposite sex from spending the night when you have the children, moving in with your boyfriend could affect custody. If no such provision exists, he would have to file an action with the court and prove that living with your boyfriend adversely affects the child.
Answer Applies to: Louisiana
Replied: 7/9/2012
ROWE LAW FIRM | Jeffrey S. Wittenbrink
Your ex may take you back to court regarding any matter that could be considered a "material change in circumstances" that affects the child. Your moving in with a boyfriend may constitute such a change in circumstances. While living with another person outside of marriage is not the automatic disqualifier for custody it once was, some courts in Louisiana still frown on the practice if there is another alternative. The statute regarding custody also mentions "moral fitness" as a factor in custody cases, although the courts do not use child custody as a way to modify the behavior of the adults. If your ex takes you back to court, the court will consider all of the things you have mentioned in your letter as grounds to leave the custody situation alone, however some courts are stricter than others when it comes to parties living together. You should consult with an attorney prior to changing your living arrangements.
Answer Applies to: Louisiana
Replied: 7/6/2012
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