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xavierjd, Attorney
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I have my 1 yr. Old living with me. His father gets visitation

Customer Question

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?

Submitted: 1 year ago.
Category: Legal
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Expert:  xavierjd replied 1 year ago.

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

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Customer: replied 1 year ago.

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

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Expert:  xavierjd replied 1 year ago.

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 father's and mother's past parenting responsibilities and potential for future performance of these responsibilities. This is inclusive of the capacity and readiness of each parent to foster and inspire a close and continuing relationship between the other parent and the child
  • The demeanor and personality of any person who frequently comes to or lives in the residence of the parent
  • How the person (described in the previous point) interacts with the child?
  • Is there any proof of emotional or physical abuse to any parent, any child or any other person?
  • If a child is minimum 12 years of age, then what is the reasonable preference of the child?
  • If a child is less than 12 years of age, the court listens to his/her preference upon request to do so
  • The record of the child in the community, at school and in the house
  • The physical and mental health of the parents
  • Whether the parents are stable as a family unit?
  • How much is the significance of continuity in the life of the child? For what duration has the child resided in a satisfactory and stable ambiance?
  • The inclination of each parent to offer the child education, medical care, clothing, food and other essential care
  • The extent to which each parent has played the role of the primary caretaker
  • The emotional ties, affection and love that exists between the child and each parent

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.

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