What is the name of your state (only U.S. law)? TN
I am a 35yr old never-married male who shares an apartment with my 28yr old girlfriend and her 7 yr old son from her previous marriage.
We have been together for almost a year (after 5 months we started co-habitating). Her ex divorced her about 4 years ago,and then moved 2000+ miles away to Utah established visitation agreement after custody defaulted to the mother and then moved 2000+ miles away to Utah, thus the visitations were infrequent over the next 3 years or so. About a year ago, he announced his engagement to a woman and then attempted to gain full custody but didn't . Now that he is married and is going for full custody again.
My girlfriend's lawyer said her ex's lawyer is going to try to prove that it is in the child's best interest to be with the stable, married father rather than his mother and boyfriend.
My girlfriend has had substance abuse problems in the past and does have complications from diabetes, as well as being diagnosed bipolar. Part of the visitation agreement includes the father having the child for 2 months in the summer (this was the first year he gets him for 2 months), as a result my girlfriend has a nervous breakdown and went into a psychiatric hospital for several weeks while being put on a new medication for her bipolar and also for outpatient counseling. The ex's lawyer will be using this against her as well.
My girlfriend's laywer recommended that either we get married or that we do not live together and that either of these two things need to happen before the court date.
My question is : would a judge be swayed by the fact the father (who was long absent from the picture as he chose to move many miles away) who is now married be a better upbringing than being with his mother and her "live-in" boyfriend ?
Thanks!
I am a 35yr old never-married male who shares an apartment with my 28yr old girlfriend and her 7 yr old son from her previous marriage.
We have been together for almost a year (after 5 months we started co-habitating). Her ex divorced her about 4 years ago,and then moved 2000+ miles away to Utah established visitation agreement after custody defaulted to the mother and then moved 2000+ miles away to Utah, thus the visitations were infrequent over the next 3 years or so. About a year ago, he announced his engagement to a woman and then attempted to gain full custody but didn't . Now that he is married and is going for full custody again.
My girlfriend's lawyer said her ex's lawyer is going to try to prove that it is in the child's best interest to be with the stable, married father rather than his mother and boyfriend.
My girlfriend has had substance abuse problems in the past and does have complications from diabetes, as well as being diagnosed bipolar. Part of the visitation agreement includes the father having the child for 2 months in the summer (this was the first year he gets him for 2 months), as a result my girlfriend has a nervous breakdown and went into a psychiatric hospital for several weeks while being put on a new medication for her bipolar and also for outpatient counseling. The ex's lawyer will be using this against her as well.
My girlfriend's laywer recommended that either we get married or that we do not live together and that either of these two things need to happen before the court date.
My question is : would a judge be swayed by the fact the father (who was long absent from the picture as he chose to move many miles away) who is now married be a better upbringing than being with his mother and her "live-in" boyfriend ?
Thanks!
