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Cohabiting makes for unfit parent? (Family Law)

Thu, 03 Jun 2004 13:11:00 GMT

What is the name of your state?Georgia
An attorney (not mine) recently told me that cohabiting with someone you're not married to with small children in the house in Georgia is grounds to be considered an unfit parent. Can anyone tell me if this is true? Or maybe if this law has been modified since being introduced? Also, I've been told that it depends on the judge's own opinion, and sometimes they don't consider it to be grounds for unfit parenting depending on the circumstances...Does anyone here know anything about this?

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  • Thu, 03 Jun 2004 13:50:00 GMT(1)
  • The following is all that I've found in case law and the Georgia statutes that address change in custody.
    Also, in some states, a parent who cohabits may have difficulty
    obtaining custody of her children. Cohabitation is still a crime in some
    places, though rarely is anyone prosecuted for it. Some people describe
    a cohabiting couple's relation-ship as a meretricious relationship.
    Only two states, Illinois (Hewitt v. Hewitt, 394 N.E.2d 1204 (1979)) and
    Georgia (Rehak v. Mathis, 238 S.E.2d 81 (1977)), have expressly failed
    to recognize cohabitation agreements.
    To change a custody order in Georgia (the complaining party):
    Must show both evidence of change of circumstances and that the best interests of the child would be served by changing custody. Lifsey V. Lifsey, 256 Ga. 613 (1987).
    Court may only consider changes since last award. Mink v. Mink, 195 Ga. App. 760 (1990). Burden of proof is on person seeking change.
  • Sun, 06 Jun 2004 11:33:00 GMT(2)
  • I have temp custody, have had physical custody until i got legal temp custody, we've been separated for two years.
  • Thu, 03 Jun 2004 17:31:00 GMT(3)
  • Never heard of it myself.
    My ex was cohabitating with someone while we were still married, and it was never an issue in the custody phase of our divorce. He got custody. Oh, and this was in Georgia too.
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