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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10049
Experience:  Experienced Family Law Attorney
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I'm ***** *****,The father, the non custodial parent, may be

Customer Question

Hi I'm ***** *****,The father, the non custodial parent, may be moving in with his girlfriend soon. We were never married and live in IL. I would prefer if he would not move in with his partner unless he is married. Is there anything I could do absent a court order? Is there any laws against it? He already is living with a older lady, his friends mother because currently he can't afford to live on his own.
JA: Thanks. Can you give me any more details about your issue?
Customer: I just was wondering if there's away to stop his living arrangments or not allow my child to stay there if he plans on moving in with his girlfriend. Are there any laws in IL against that absent a court order. She would not be unsafe, but I have my own beliefs and would prefer them to be married.
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Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

I understand your concern, but there is no statutory prohibition against cohabitation. This means that it is a matter for judicial oversight, so each judge can make the decision that they feel is in the child's best interest.

Here is the statute that gives the judge that authority (notice the breadth of the last factor):

(c) Determination of child's best interests. In determining the child's best interests for purposes of allocating significant decision-making responsibilities, the court shall consider all relevant factors, including, without limitation, the following:
(1) the wishes of the child, taking into account the

child's maturity and ability to express reasoned and independent preferences as to decision-making;

(2) the child's adjustment to his or her home,

school, and community;

(3) the mental and physical health of all individuals


(4) the ability of the parents to cooperate to make

decisions, or the level of conflict between the parties that may affect their ability to share decision-making;

(5) the level of each parent's participation in past

significant decision-making with respect to the child;

(6) any prior agreement or course of conduct between

the parents relating to decision-making with respect to the child;

(7) the wishes of the parents;
(8) the child's needs;
(9) the distance between the parents' residences, the

cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement;

(10) whether a restriction on decision-making is

appropriate under Section 603.10;

(11) the willingness and ability of each parent to

facilitate and encourage a close and continuing relationship between the other parent and the child;

(12) the physical violence or threat of physical

violence by the child's parent directed against the child;

(13) the occurrence of abuse against the child or

other member of the child's household;

(14) whether one of the parents is a sex offender,

and if so, the exact nature of the offense and what, if any, treatment in which the parent has successfully participated; and

(15) any other factor that the court expressly finds

to be relevant.

So if the court feels that the cohabitation results in an unstable environment, contradiction of how the child is being raised, or some other legitimate concern, the court may forbid the child from spending the night at the residence of the cohabitating party. They are more likely to allow it if it is religious based, or if the family is conservative in all respects as that helps prevent against frivolous requests.

However, absent a court order, there is no legal preclusion re: cohabitation.

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Expert:  LegalGems replied 1 year ago.

I actually had some time to do additional research- normally case law research is not included in the base price (it is a premium service) but when I find a topic of interest sometimes during my off time I will conduct research out of curiosity.

Case holding that cohabitation may constitute appropriate grounds to remove children from the custody of cohabiting parents

Jarrett v Jarrett 1980

I cannot link you because I use a subscription service for legal research; you should be able to google the case.

I hope this helps!

If so please click on a Positive Rating - that does NOT result in additional charges but allows the site to credit my account fro assisting you.

Thank you and take care!

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