If I have a second child out-of-wedlock with another man, do I risk losing custody of my first child?

Question Details:

I have a 4 year-old daughter; I am the residential/custodial parent. Her father and I were never married, but did live together for several years after she was born. I have been with my current boyfriend for 2 years and we found out that I’m pregnant. We don't want to get married now due to financial reasons. I’m a nursing student obtaining my bachelor’s degree and receive grants to help pay for my schooling. I would be unable to receive these grants if I was married, therefore we would like to wait until after I graduate to get married (2 years). I have been told that if my boyfriend was to move into my home and I was to have another child out of wedlock that my daughter’s father could take custody away from me due to placing my daughter in an immoral situation.

Asked 12/15/2009 under Divorce, Marriage, Alimony | 420 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

The father can not get custody just because you live with your boyfriend. What type of court orders exist? What else would have changed if you move in with your boyfriend? The fact that you live with your boyfriend and have a child with him (as you apparently had an out of wedlock child with your former lover who fathered your first child) is not going to cause you a lost of custody. There may be a clause in your court orders however that relates to such a situation assuming you have court orders.

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