Can My Dating Life Affect My Child Custody Case?

April 28, 2021

Reading Time: 4 minutes

If your spouse finds out that you’re dating another man or woman, it can significantly affect the child custody settlement. There is not one – but can be several consequences of dating during a custody battle – of course, the worst one would be to lose your child’s custody. 

That being said, there is nothing wrong with dating someone when going through a divorce. Even after you are a father or mother now, it doesn’t change the fact that you are a human being and need companionship. Especially if you are living in Canada or the USA, you cannot steer yourself clear from the brimming nightlife – and all of us would agree that such occasions will allow single parents an opportunity to start dating someone. 

So, does dating affect my custody case?

No, you do not lose custody battle just by dating someone. Courts do not penalize you for dating. However, your former spouse can use your dating life against you to win the custody battle. But, as long as you are in good terms with your child and your child wants to be with you, your dating life will not affect your custody case.

Risk assessment

When you are dating during divorce with children, you must consider and follow certain things. 

For example, it would be best if you could avoid going public about your new relationship. 

You might think that what is wrong with going out with your new companion!

See also  4 Dos & 3 Don'ts for Dating During a Custody Battle

No – nothing is wrong with that, and it is definitely not something to be ashamed of. 

But, for example, if you want child custody and living with a girlfriend, it may greatly influence how the judge makes the verdict. The best thing to do here would be to talk to your attorney before entering into a new relationship or making your relationship public. 

To ensure that the child gets the best custody, the court considers your child’s best interests. So, you need to ensure that the court finds all the good things in you to grant you the child’s custody. If you’re dating during a child custody battle, the court might find that your new girlfriend or boyfriend is not good enough for being around a child. 

For example, if you are dating someone who has had drug issues or has a short temper, or maybe he/she was a convicted felon, the judge will find it to be a bad influence for your child or children. 

Apart from this, if your ex-wife/husband finds out that you are dating someone, they may get anxious –maybe a bit jealous. After that, it might get a bit difficult to make all the settlements. 

Besides, you need to acknowledge that your ex loves the children as well and would do everything in their power to win the custody battle.

Now everything leads to one question – can I get child custody living with boyfriend or girlfriend? – Yes, you can – and for that, all you need to do is to comply with particular Do’s & Don’ts.

What to do (and what not do) while dating during a custody battle?

After getting divorced, you may feel shattered – but don’t let that stop you from enjoying your adult life. While there’s nothing wrong with dating someone, it can get intricate if you have children. You may think that you are quite a calm person who likes to stay within their limits – but that doesn’t give you the luxury to be careless about it. 

See also  6 Child Custody Tips For Fathers

Dating a Felon: How might it affect your child’s custody?

You may have found a new companion in your new guy/girl who is perfect from every aspect – but your ex or the court may not see it that way. 

For example, there’s a common query that goes around in Canada and the USA – “Can I lose the custody of my child for dating a felon?” 

Well, giving a simple answer to that is never easy as being a free person you can date whomever you wish. But whom you let around your child can become a great issue. 

While dating a criminal doesn’t consequently mean you will lose guardianship of your kid, the kid’s other parent can utilize it as a contention against you in court.

The kid’s other parent may contend that the kid is in danger because of your dating accomplice or that the reality you are dating a criminal makes you an unsuitable parent. The heaviness of this contention will rely upon an assortment of variables, including your dating accomplice’s genuine criminal record and your dating history. 

On the off chance that you are dating somebody who had criminal allegations years early, however, has shown a reasonable history since the danger will be lower. For instance, you might be dating somebody who battled with compulsion, which included criminal accusations identified with their drug abuse. Nonetheless, they have been clean and calm for quite a while and have had no criminal issues since getting perfect. It is hard to make the contention that the kid is in peril when the criminal record is old. 

See also  How To File A Motion To Change Custody Orders & Child Access in Ontario?

On the opposite side, if you are dating somebody with late crimes, open cases, or lawful offenses that were fierce or against children, your kid’s other parent will have what they need to present a defense against you in the court. As a solitary parent, the best methodology you can take is by dating individuals that won’t jeopardize your custodial battle.

Improve your chances of winning custody while dating someone

While setting out on a custodial battle, you ought to acknowledge that it is never past the point where it is possible to turn into a decent parent (if you have not been one). You know that you want the best for your child – but so does your ex. So, you need to show the court that you (along with your new partner) are more than capable of handling your kids than your ex –while dating another man/woman. 

For that, you can consult with a therapist along with your child. You may also read divorce recovery books that will help you to stay on course – not lose your mind and temper. 

To do that efficiently, you need to utilize all the resources that can aid your child in their new life. While dating someone during a divorce or child custodial battle, it very well may be troublesome at times to get a reasonable viewpoint on this conceivable adjustment in your daily life. Ensure to consult your lawyer before taking your new relationship any further – which includes the overnight visits.