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jlew914
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Reged: 07/30/08
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cohabitation in arkansas
      #434555 - 07/30/08 10:47 PM

Okay I am seeing a guy who has 3 kids from a marriage that ended 2 years ago. We are at the point of living together and getting engaged and he has joint custody with set visitation every other weekend 6 weeks out of the summer and so on... OK his children are 12, 9, and 5. My question is ..does cohabitation in AR keep him from taking custody of the kids? The mother is in the bars every weekend and is leaving the kids with their dad (even if its not his weekend) and with other people so she can go out. She has moved the children 5 times since last September ALL during the school year but they stayed in the same district all because of her inability to pay the rent. The children were tardy for school (over 30 min) at least three days a week. The mothers utilities have been shut off ...gas twice in 4 months and electricity just last week...she didnt have the kids they were with their dad for the 6 weeks though. She does not cook and they only eat out....every meal. Now their dad is never late on child support. He takes the kids whenever she calls. He has had the same job for 16 years and carries good insurance on them. He is a good dad.....doesnt drink and is good to them. I am a teacher and live in a very stable home. Is us cohabitating going to become a major issue when he files for custody?

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googledad
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Re: cohabitation in arkansas [Re: jlew914]
      #434562 - 07/30/08 10:57 PM

Is us cohabitating going to become a major issue when he files for custody?


>>>>>>>>>> No , a stable relationship culd be considered a plus .

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Relayer
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Re: cohabitation in arkansas [Re: googledad]
      #434614 - 07/31/08 06:54 AM

Quote:

Is us cohabitating going to become a major issue when he files for custody?


>>>>>>>>>> No , a stable relationship culd be considered a plus .




I totally disagree. It appears she has already been awarded custody physical custody and a change is unlikely, especially one based on his living with a woman. What is likely, because of her financial situation is a recalculation of support

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GO CUBBIES!!!!


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PhoenixRising
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Re: cohabitation in arkansas [Re: googledad]
      #434624 - 07/31/08 09:05 AM

Googledad,

I have never heard you mis-speak...

But what are you thinking??????????

Arkansas has some of the stiffest anti-cohabitation case law of all the bible belt state!!!!!!!!!!

Cohabitation could lose him his all his overnight visitation rights..

"Extramarital cohabitation in the presence of a child has never been condoned in Arkansas, is contrary to the public policy of promoting a stable environment for children, and may of itself constitute a material change of circumstances warranting a change of custody or visitation. Case law clearly provides that cohabitation without the benefit of marriage may be regarded as a material change of circumstances.

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Be kind, for everyone you meet is fighting a hard battle. --Plato


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