Cohabitation is living with a partner to whom one is not married. This can lead to contentious issues in custody cases. Mississippi courts have considered cohabitation as a factor that could potentially impact the child’s well-being. However, it’s not automatically assumed to adversely affect the child(ren). The Court of Appeals has previously reversed a Chancellor’s finding that a mother living with three different men since a divorce constituted a material change “in and of itself.” The burden is on the parent seeking a modification to prove how cohabitation is negatively affecting the child(ren).
Evidence of adverse effect of cohabitation may include: (1) instability caused by multiple relationships; (2) living in multiple homes; (3) correlation between falling grades and or misbehavior; and, (4) a history of violence or criminal activity of the new boyfriend/girlfriend.
Modifying physical custody is a complex legal process, and it is advisable to seek guidance from an experienced family law attorney in Mississippi. I can assess your case, gather evidence, represent you in court, and protect your child’s best interests throughout the process. Please contact my office at 601-825-3124 to set up an initial consultation.
