Is it illegal in Ohio for an unmarried mother to cohabitate with an unrelated man? Can a biological father fight this in court?

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Originally Posted by brachotelohai

Is it illegal in Ohio for an unmarried mother to cohabitate with an unrelated man? Can a biological father fight this in court?

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Depends on the divorce decree/custody Order. I've seen it written in.

The argument "usually" is that the children are exposed to witnessing sexual activity between the mother and the boyfriend IF the father is going to argue about it.

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Originally Posted by JudyKayTee

... The argument "usually" is that the children are exposed to witnessing sexual activity ...

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Or more accurately (depending on their age and knowledge), they would be in a position to presume that such activity takes place. Whether the court will have a problem with that is (I suspect) doubtful.

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Originally Posted by AK lawyer

Or more accurately (depending on their age and knowledge), they would be in a position to presume that such activity takes place. Whether the court will have a problem with that is (I suspect) doubtful.

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As a side note I get asked to do surveillances in these situations fairly regularly. I make good money.

Do you know what my surveillance proves? That X either spent the night... or didn't.

Know what that's worth? Zip.

It can be used in family court, normally it does not help, but the other parent can try

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Originally Posted by Fr_Chuck

It can be used in family court, normally it does not help, but the other parent can try

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And my bank account is VERY grateful that people try.

This is one of those situations where people seem to always play Detective. They tape record themselves questioning the child, and it goes along the lines of, "Soooo, did you ever see Mommy kiss Uncle X?" And the child says, "Yes," and the parent says, "Ah-hah!"

Worthless.

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Originally Posted by brachotelohai

Is it illegal in Ohio for an unmarried mother to cohabitate with an unrelated man?

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No, of course!

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Originally Posted by brachotelohai

Can a biological father fight this in court?

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Fight the private life of a person he does not have any legal relationship??
Worthless.

These are two separate questions. No it is not at all illegal for a mother to cohabitate. However, if that cohabitation can be shown to be detrimental to the child, the father can try and use it to get custody. It is a long shot however.

Thanks for all your answers. This was a question for a friend of mine who's going through a custody battle in Kentucky/Ohio. The child is always caught in the middle, and her stepdaughter's mother has been trying to alienate the child from the father, refusing contact via phone, trying to tell the child her boyfriend is her daddy and making her call her real dad by his first name, etc.

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Originally Posted by brachotelohai

Thanks for all your answers. This was a question for a friend of mine who's going through a custody battle in Kentucky/Ohio. The child is always caught in the middle, and her stepdaughter's mother has been trying to alienate the child from the father, refusing contact via phone, trying to tell the child her bf is her daddy and making her call her real dad by his first name, etc.

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That's not cohabitating with an unrelated adult. That's influencing a child and, yes, if he can PROVE it he can go to Court and ask for custody. The Court, in theory, will interview all of the parties, including the child, and make a decision in the best interest of the child.

I realize that isn't cohabilitating, I was asking about that because they need all they can get in order to bring it all to the table for the case. They have spoken with a lawyer in KY and apparently courts in OH favor the moms and it's going to be a difficult case.

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Originally Posted by brachotelohai

I realize that isn't cohabilitating, I was asking about that because they need all they can get in order to bring it all to the table for the case. They have spoken with a lawyer in KY and apparently courts in OH favor the moms and it's going to be a difficult case.

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I work in the legal system and I simply do not believe (and single fathers all over will disagree with me) that the mother goes into Court in Ohio with the upper hand.

If your friend has PROOF and a change in custody will benefit the child I have no reason to believe the change won't be ordered.

And, yes, it will be a difficult case to prove.

Good to hear, thank you. They do have documentation that the mother has lied to the courts about the amount of income she receives, she has stated that she makes over $40,000 less than what she currently makes. Also, whenever they get her for his visitation, she is wearing clothes that are two sizes too small.

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Originally Posted by brachotelohai

Good to hear, thank you. They do have documentation that the mother has lied to the courts about the amount of income she receives, she has stated that she makes over $40,000 less than what she currently makes. Also, whenever they get her for his visitation, she is wearing clothes that are two sizes too small.

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Oh, yes, that's substantial!

If the child is being abused or neglected or is in physical or emotional danger the non-custodial parent can move (in Court) for a change in custody in the best interest of the child.

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Originally Posted by brachotelohai

... a friend of mine who's ... stepdaughter's mother has been ...

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If your friend is not married to the father of the child, your friend isn't a step-mother. She is a (close) friend of the father.