Generally, there is no law against dating during a separation or child custody battle. But if your spouse or former spouse discovers that you are dating, they may become more difficult to negotiate with. This could turn a cooperative relationship into a contentious one. You also have to consider the safety and health of your children. They may not be ready to meet your new romantic partner if you have recently separated from their other parent.
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I disagree that custody should go to the better parent, so long as both parents are adequate. By adequate, both would need to qualify to host foster children. Otherwise, it is average man versus Martha Stewart, and unless he can beat her at parenting, he loses. A coin toss between two adequate parents is a much better choice—or both parties can agree on a settlement. If either disagrees, toss the coin. This might also encourage women, who file the majority of divorce actions, to fight harder for their marriages.
Reasons to Lose Custody of a Child That May Surprise You
A few years ago, I started cracking jokes regularly about hot dads. Then when I met a charming, handsome dude with good taste in music and tacos at a secret Santa vinyl swap party last winter, I started dating one. Suddenly the jokes seemed a little creepy, and although I actively pumped the brakes on making them, those familiar with my menagerie of hot dad puns rose a skeptical eyebrow. I didn't seek out a hot dad, it just happened.
It was common for judges to give preference to a mother in divorce cases , especially when the children were young. Most states, including California, have stopped using this legal principle. Each parent begins a custody case on an equal footing.