cohabitation and visitation

[mistoffolees]

If your boyfriend in the midst of a divorce?

Good point. It looks like the divorce hasn't been finalized - so getting married isn't an option.

 

[CJane]

Good point. It looks like the divorce hasn't been finalized - so getting married isn't an option.

She never said he was married to his X.

HOWEVER --

OP, this isn't something to jack around with in Arkansas. Move out, or get married. End of discussion.

Arkansas's appellate courts have steadfastly upheld chancery court orders that prohibit parents from allowing romantic partners to stay or reside in the home when the children are present.   See Campbell, 336 Ark. at 389, 985 S.W.2d 724 (this court and the court of appeals have never condoned a parent's promiscuous conduct or lifestyle when such conduct has been in the presence of a child);  see also Ketron v. Ketron, 15 Ark.App. 325, 692 S.W.2d 261 (1985).   The Campbell court stated that the purpose of the overnight-guest order is to promote a stable environment for the children and is not imposed merely to monitor a parent's sexual conduct.  336 Ark. at 389, 985 S.W.2d 724. ...  As emphasized by our court's earlier decisions, the trial court's use of the non-cohabitation restriction is a material factor to consider when determining custody issues.  Id. Such a restriction or prohibition aids in structuring the home place so as to reduce the possibilities (or opportunities) where children may be present and subjected to a single parent's sexual encounters, whether they be heterosexual or homosexual.

< SNIP >

Once again, Arkansas case law simply has never condoned a parent's unmarried cohabitation, or a parent's promiscuous conduct or lifestyle, when such conduct is in the presence of a child. &#8194; See Campbell, supra, and the cases cited therein.

Now, that's a 2001 case, and it deals with a lesbian couple, but their sexuality is irrelevant to the court's ruling.

A LOT has happened in AR regarding cohabitation recently (as it pertains to child custody/foster parents/adoption) - but I think you can count on the courts upholding the idea that cohabitation isn't in the kiddo's best interests for awhile yet.

And Izzy? EVEN IF she's a "resident" and not a "guest", the court could, as shown in the case I cited, require her to move out before the child can be present in the household.

- -

 

[mistoffolees]

She never said he was married to his X.

Good point. Since he's living with OP, there's a good chance he was simply living with his ex.

The rest of your advice seems on the mark. He could lose custody by living with someone else based on the cases you provided.

 

[Ohiogal]

I only asked about divorce because I was not sure of the situation and wanted clarity on it.

 

[amyjrn]

BF and his baby mama were never married. They have been separated for 2 years and was only seeing his child "when she would let him".....you guys know how that goes. We started shacking up 6 months ago (he moved in with me into a home I own) and i was the one who pushed the issue for him to get his visitation in writing.

"The parties shall utilize this Court’s Standard Visitation Schedule with respect to holidays beginning with Spring Break 2011. A copy of the Court’s Standard Visitation Schedule is attached hereto as Exhibit “A”. Additionally, the parties are bound by all attendant provisions embodied in the Court’s Standard Visitation Schedule, including the prohibition against cohabitation and the use of drugs and/or alcohol when the minor is in each party’s respective care"

I guess i am asking a question I already know the answer to....just wanted some opinions. Thanks.

 

[ecmst12]

Its kind of insane that the court woukd enforce a no-paramour clause on two parents who were never married. Boyfriend should object to it being included.

 

[LdiJ]

we really have no problem with just going and getting married. however, we both had some things we wanted to handle first like paying off personal debts and he will be done with school in may. it just puts a bad taste in my mouth to be "forced" to get married before we wanted to but we will both do whatever it takes to maintain the peace for the child's sake.

Of course, there is another option. You could simply stay somewhere else during dad's visitation.

 

[AbbaDabba730]

BF and his baby mama were never married. They have been separated for 2 years and was only seeing his child "when she would let him".....you guys know how that goes. We started shacking up 6 months ago (he moved in with me into a home I own) and i was the one who pushed the issue for him to get his visitation in writing.

"The parties shall utilize this Court’s Standard Visitation Schedule with respect to holidays beginning with Spring Break 2011. A copy of the Court’s Standard Visitation Schedule is attached hereto as Exhibit “A”. Additionally, the parties are bound by all attendant provisions embodied in the Court’s Standard Visitation Schedule, including the prohibition against cohabitation and the use of drugs and/or alcohol when the minor is in each party’s respective care"

I guess i am asking a question I already know the answer to....just wanted some opinions. Thanks.

You do realize that the "baby mama" that you are referring to is the mother of the child that you are pushing your BF to see right?

Just remember that if the BF did not think to fight for his rights to see the child before you came in to rescue him from the big bad baby mama before, don't expect much to happen any time now.

And think of this before you have children with him, k?

 

[CJane]

Of course, there is another option. You could simply stay somewhere else during dad's visitation.

Actually, reading through the case law that I posted, that's not an option. GF and father cannot be co-residents. It doesn't actually matter if she's there when the kids are there, or there until bed time and goes and sleeps in the car, or whatever. If she's residing in the home - at all - ever - then they're violating AR very restrictive but very seriously adhered to cohabitation rules.

The ONLY way around this one is to actually get married. Or one of them needs a residence elsewhere AND GF needs to never ever spend the night when the kids are @ Dad's residence.