Question regarding divorce and child custody

[zngsmommy]

What is the name of your state (only U.S. law)? GA

If a couple in Georgia (Where I believe there is no 'legal separation', it's either married or divorced legally) has been living apart, or for lack of better words, separated, for over a year, and have a two year old child together have a divorce that will be final in two months....if one of the parties in this couple decides to move on and moves in with their significant other, can the other party possibly take custody of their child because the other person is still legally married but still living with someone else?

 

[Ohiogal]

What is the name of your state (only U.S. law)? GA

If a couple in Georgia (Where I believe there is no 'legal separation', it's either married or divorced legally) has been living apart, or for lack of better words, separated, for over a year, and have a two year old child together have a divorce that will be final in two months....if one of the parties in this couple decides to move on and moves in with their significant other, can the other party possibly take custody of their child because the other person is still legally married but still living with someone else?

Maybe. Depends on the person with whom they are living and the court's atmosphere. Is there a no paramour order?

 

[zngsmommy]

Papers have not been filed. They have just been living apart for the past year and there are no court ordered arrangements, everything has been worked out between the two. Nothing is set in stone or court ordered.

 

[Ohiogal]

Papers have not been filed. They have just been living apart for the past year and there are no court ordered arrangements, everything has been worked out between the two. Nothing is set in stone or court ordered.

Then the questions become:
1) How long has the parent been living with the paramour?
2) Does the paramour have any criminal history? How recent?
3) Did the two parents live together before marriage?
4) How old are the children?
5) Have they met the paramour?
6) If so, how do they know the paramour? What do the children call the paramour?

 

[zngsmommy]

Then the questions become:
1) How long has the parent been living with the paramour?
a month
2) Does the paramour have any criminal history? How recent?
no
3) Did the two parents live together before marriage?
yes
4) How old are the children?
the child is two
5) Have they met the paramour?
yes
6) If so, how do they know the paramour? What do the children call the paramour?

they are with the parent that lives with the significant other and they call the SO by first name

 

[Ohiogal]

Then the questions become:
1) How long has the parent been living with the paramour?
a month
2) Does the paramour have any criminal history? How recent?
no
3) Did the two parents live together before marriage?
yes
4) How old are the children?
the child is two
5) Have they met the paramour?
yes
6) If so, how do they know the paramour? What do the children call the paramour?

they are with the parent that lives with the significant other and they call the SO by first name

This is like pulling teeth. That is not necessarily going to change custody then. However, if the parent without a paramour pushes for it, there may be a no paramour order for the duration of the divorce. if the paramour starts intruding or overstepping with the child then that can hurt the parent. In other words based on the little facts you have given, most likely not but it is possible.

 

[zngsmommy]

what other facts would be helpful? I'll be happy to tell you anything you need to know.