My ex-wife is moving in with a man she has only dated for 6 monthes & my son was introduced 3 monthes ago? Is there any way I can keep this from happening within the state of SC or get temporary custody of my son until she is sure they will be wed? She is a good mother but she & I do not agree upon this living situation.

Was any of this or codes of conduct discussed and entered into the parental agreement when you both decided your custody issues ?

No, unfortunetely, it was left out on purpose because we decided to allow over night guests.

Is that what it says ? Because a guest and a resident are 2 different things.

In most states I know of and certainly in California there is nothing immoral about two adults living together unmarried in a sexual relationship. Period. It's neither illegal nor immoral.

We have case law in California going back to the 1970s and early 80's stating that unmarried cohabitation involving sexual relations between adults of the opposite or same gender is no basis for a change of custody of kids, and cannot factor into a custody decision. It's simply irrelevant.

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Originally Posted by cadillac59

In most states I know of and certainly in California there is nothing immoral about two adults living together unmarried in a sexual realtionship. Period. It's neither illegal nor immoral.

We have case law in California going back to the 1970s and early 80's stating that unmarried cohabitation involving sexual relations between adults of the opposite or same gender is no basis for a change of custody of kids, and cannot factor into a custody decision. It's simply irrelevant.

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Here we are going to disagree in so much as if both parents agree to codes of conduct and apply the best interest of the child to those codes. Then yes it can be enforced and also written into parental agreements. The fact of family law making the decision for or against is where I can see your point but if both parties agree and one side no longer abides by it after its been signed by a judge and approved the reprecussions can occur.

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Originally Posted by califdadof3

Here we are going to disagree in so much as if both parents agree to codes of conduct and apply the best interest of the child to those codes. Then yes it can be enforced and also written into parental agreements. The fact of family law making the decision for or against is where I can see your point but if both parties agree and one side no longer abides by it after its been signed by a judge and approved the reprecussions can occur.

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If an agreement has become a court order, then the order is an order until modified. Yes. But, those sorts of agreements aren't worth the paper they're written on in all practicality. They are like agreements for no child support. They can be modified at any time for any reason and child support will be ordered with NO repercussions. Likewise, in my opinion, a court order approving an agreement , for example, that either party, or both, would not cohabit outside of marriage with another person in a sexual relationship while kids were in their custody could be modifed at any time either party chose. And the court would grant the modification and disregard all of the alleged "moral" issues. In other words, those kinds of agreements, like no-child-support agreements are worthless because the courts simply will not get involved in the moral/religious issues that typically underlie those kinds of stipulations.

Bottom line here is that in most states, unless there is a morality clause or similar written into the custodial agreement that prevents this, then there is nothing you can do.