Question: I have custody of my children now but my wife wants to modify custody because I am living with my girlfriend who is also my fiance’, will the Court will give custody of my child to her mother who never sees her becasue of this. How can that be?
Answer: If you are living with a girlfriend/finance’ to whom you are not married, the Court will consider that to be an “immoral environment.” As such, it will be a factor, but it is only one of many factors that the Court will consider in a custody case. In some cases it can be the determining factor, whereas in others it might not make as much of an impact on the outcome.
The bottom line is that you should tell your Memphis divorce lawyer all of the facts of your case (both good and bad) so that he can then give you the appropriate advice. Without knowing all of the facts of a particular case, it is virtually impossible to say how much of a factor any one item will or will not be (except for things such as child abuse or neglect).