I have my 1 yr. Old living with me. His father gets visitation every other Weekend & wed. I am dating a guy and we plan on moving in together.My sons father is mad and says he can have it to where I cant have my Son living with my boyfriend unless were married. Is this true?
Thanks for using JustAnswer.com It will be my pleasure to assist you.In order to better answer your question, please provide the following information:How long have you been dating your boyfriend?Do you have plans to get married?Thanks
I previously dated him for 2 yrs. That was about 4 years ago. Weve beenback together for 4 months. & we have talked about getting married in the future
Thanks for the information.As you may be aware, in Tennessee, the Court considers the following factors when determining custody (and also in visitation matters):
The court takes into account the following factors while deciding the plan for child custody.
The bullet points that I have bolded relate to the issue of another person residing in the home with you. If your child's father files a Motion/Petition to Modify Custody, he may very well win. He may very well get an Order that limits the persons who reside in your household.
If he files a Motion/Petition, you are going to have to show a long term commitment (marriage or at least engagement) or a long term relationship with your boyfriend in which your child has developed a good relationship with your boyfriend.
In the end, it is THE BEST INTERESTS OF THE CHILD that the court will use to determine whether your boyfriend moving in with you is appropriate. The Court will take into consideration the character and behavior of any other person who resides with you.
If you can prove that your relationship is long term and that the relationship between your boyfriend and your child is good for the child, then your child's father may not win any Motion/Petition.
You may wish to speak to an attorney who specializes in family law in your area. Sometimes, an initial consultation is free or at a minimal charge. You can discuss the facts of your case, evaluate your options and decide how to proceed.
Unfortunately, this may not be the answer that you were hoping for. However, I would be doing you a disservice if I did not give you appropriate information. The factors are clear. However, you have to fit your situation into the factors.
I hope you find this information useful. It has been a pleasure to interact with you this evening. Good luck. Thank you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).