Relationships Affect Custody Determinations

When a parent gets divorced often they are so burnt out by the divorce process that another relationship is not even a consideration.  But over the long term, eventually most people get into relationships with other individuals.  The key issue to always remember is the effect of that relationship on the children.  A court will take evidence of the effect that these relationships have upon the children in any case involving modification of custody.  In fact when a non-parent develops a long term, close and loving relationship with a child, this can weigh strongly in the Court’s determination as to custody.  The mere fact that a parent has had or is having a non-marital relationship is insufficient to deny him custody of his children. Rather, the crucial determination is the effect of the non-marital relationship upon the children. Zimmerman v. Zimmerman, 11 Phila. 418, 420, 1984 Phila. Cty. Rptr. LEXIS 103, *1, 1984 WL 320924

Obviously, the same rules apply to a non-parent as a parent.  Stability, care, protection and love are important factors in the determination as to maintaining or changing custody rights.  The kinder and more involved the non-parent is, the more likely that the non-parent will have a significant effect on custody.

Therefore, when choosing a prospective partner, make sure that they are a good influence on the children.  It would seem logical to make observations regarding how the individual parents his or her own children – with the understanding that there are more than one correct method of parenting a child and further that different children need different types of parenting methods. 

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