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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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i am a single mom my ex is fixing to fight for custody of my

Resolved Question:

i am a single mom my ex is fixing to fight for custody of my son...i live in tx. I am seeing a wonderful man that i am almost engaged or would say i am engaged to and we go away together on weekends i do not have my son. We spend nights together at my home and away ONLY on weekends my son is not here is this a danger to loosing my son
Submitted: 5 years ago.
Category: Legal
Expert:  Dave Kennett replied 5 years ago.

DearCustomer- I'm not certain exactly where your son is on the weekends when you are away but if he is just visiting his father then I see no problem. The fact that you are dating someone has nothing to do with your custody unless it somehow is affecting the care of your son.

 

Many times ex spouses get a bit jealous when the other party finds someone else and the custody becomes sort of a revenge tactic. I doubt the court is going to switch custody based on that. I can never predict the outcome of any court case but I do know that the court will base its decision on the best interests of your son. Unless there is some real change in your circumstances affecting the care of your son I would not worry too much about the custody change however you will have to defend the motion if he actually files.

 

David Kennett - JD - Attorney at Law

Customer: replied 5 years ago.
my son is with his father when we go away on weekends or my boyfriend spends the night. My boyfriend does come when my son is home( in order to get to know him) but, my boyfriend does stay in a motel. I live in a very small town and this lawyer said i should in under no circumstances go away for the weekend with my boyfriend (my son is at his dads) without seperate rooms and he should not stay in my home over night even when my son is not here. There are people who live together without being married so i don't understand why this should effect my custody at all. My boyfriend lives 3 1/2 hrs from me and him being able to stay with me when i don't have my son is about the only way he can afford to come. but i do not want to risk loosing my son. i am terrified, and i can't afford a lawyer and my husband is friends with a very, very prominent lawyer in the the country so, i have to be sure...i don't want to rush to get married just because i m legally unable to spend time with the man i care about.
Expert:  Dave Kennett replied 5 years ago.

This sounds ridiculous but I can't speak for your local court. I certainly don't want to go against the advice of an attorney on the scene since my information is general in nature and I know nothing of your specific town or local judge. Your personal life when not with your son should be your business, especially if you are violating no laws. I have never heard of anyone losing custody solely on this basis but, once again, if your attorney is advising otherwise I would suggest heeding his advice at least until the custody motion is over.

 

Dave

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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