Child custody possible change

I am the decision maker and also have the physical custody of my only son, his father has only visitation every other weekend. I’m planning to quit work to dedicate to a new life project. Meanwhile, my boyfriend will support both of us financially, we live together but we are not legally married. His father recently married and have a new baby. Even though nothing will change on my son’s life, because I’m not legally married, can his father ask the the judge for a review of custody or child support?

Not being married to someone you are living with is not by itself grounds to review and change a custody order. The exception to this would be if the current custody order prohibits cohabitation.

The father can only ask the court to review and change the current custody order if there is a substantial change in circumstances affecting the wellbeing of your son. If you are already living with your boyfriend, your son continues to be provided for financially, and your son appears to be developing well, then there probably is not enough grounds for the father to claim a substantial change in circumstances.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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