I notified him over a year ago I was moving and filed with the court in Virginia as per our custody agreement. I have lived at my current residence the one I reported to him for over a year now. He knows I live with my boyfriend. Can he decide now after so long that he wants to contest my move and make me move out of my established residence because live with my boyfriend? I just wanted to know if he could take me to court and get me removed from the residence Ive lived at with my boyfriend for the last year. Our divorce was final only a little over a month ago. We were separated for over a year when my boyfriend moved in. Boyfriend moved in in June divorce was final in November 2014. I separated May 2013 however I moved into this house Dec 2013; 8 months after our separation
The answer depends on what your divorce decree states concerning living arrangements. If there is not a restriction on live-in significant others then he has no grounds to pursue a claim simply because you're living with a boy friend. However, if your boyfriend is a danger to the child he could always file a modification action to get custody or more visitation based on the harm to the child.
The information provided is only a general answer based on the limited facts stated in the question. This answer does not in any way constitute an attorney-client relationship. Should you wish to hire an attorney, our firm, Singleton, Pasley & Nuce, LLC, would be glad to help, as we offer legal advice in family and criminal law (in addition to personal injury, medical malpractice, social security, workers compensation, and unemployment benefits).
If you were divorced in Virginia and your ex still lives there, a Virginia court would likely preside over any ongoing custody issues using Virginia laws. You may need to consult with a Virginia attorney or at least post your question on here in a Virginia family law forum. Under Georgia law, a judge cannot order a "morality clause" in a final order (i.e. something that would prevent you from living with a BF without marriage while your children are with you). However, if that is in a settlement agreement that you signed, the Court would enforce it. As my colleague pointed out, though, under Georgia law, the standard in child custody determinations is the best interest of the child. If there is something about your current living situation that is not in the best interest of the child (i.e. drugs in the house, arrest records, frequent partying, etc.) the Court could take that into consideration in determining whether your children should remain with you.
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