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Will co-habitation play a big part in my child custody case in California?

Moreno Valley, CA |

I have been separated for almost 2 years but not legally divorce and have stated dating again. Me and my girlfriend have been together for about a year and we now live together. My x-wife threaten to not let me see my kids if my girlfriend and i continue to live together and does not allow me to bring my girlfriend around my kids. Although, we have become very serious and I would like to have my kids use to the idea of seeing me with another woman and being around her. She's educated and has a stable career in law enforcement. I'm wondering if cohabitation/dating will have a big effect in my child custody case, that will ultimately cause me to not see my kids.

Attorney Answers 4


  1. Its NOT going to prevent you from seeing your children, what will cut back on your timeshare is waiting to start a process to see them.

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX


  2. File for dissollution, file an OSC for custody and visitatioin, or ile for parentage and then file the OSC.


  3. The woman you have been married to is your wife, not your ex-wife. She does not have the right to interfere with or police your relationship with your children. File a divorce case and an RFO for child custody and visitation, to get enforceable orders. You would best retain an experienced Family Law Attorney to advise and represent you.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.


  4. If you were recently separated, yes, living with someone could effect the amount of time that you see your children, due to the newness of the separation. But, as you have been separated for a long period from your wife, it will have little effect. Best for you to immediately file for the divorce and also file a Request For Orders for custody and visitation to be decided. Your ex's suddenly taking your time with your children will ultimately work against her. But, that will only be the case if you jump right on this. The longer you wait, the less effect of your ex's actions. If you wish, you may contact my office for a free consultation. We are in downtown Riverside. Otherwise, good luck!

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