If my husband and I are separated, can he get full custody of our child if I’m dating someone?

UPDATED: Sep 5, 2012

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If my husband and I are separated, can he get full custody of our child if I’m dating someone?

My husband and I separated and began living in separate homes 4 months ago. We have a 10 month old son and for the entirety of his life, he has been cared for primarily by me. He lives with me since the separation as well. When we separated, we decided that once we could afford to file, we would agree on joint custody. He has only seen our son less than 10 total times for no more than 2 hours each time. He has never stayed alone with him overnight and only has been alone with him on those 10 above-mentioned visits 1 time at his own house. He found out that I started seeing someone 2 weeks ago and now says he wants full custody and can get it based on my dating. Is this true or even possible?

Asked on September 5, 2012 under Family Law, Kansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, it should not have an affect upon custody determination in Kansas.  Those decisions are made "in the best interests of the child" and take in to account the following:

  • The desires of the parents in relation to custody.
  • The desires of the child concerning custody.
  • The interaction and interrelationship of the child with parents.
  • The child’s adjustment to the child’s home, school and community.
  • The willingness and ability of each parent to respect and encourage the bond between child and other parent.
  • Evidence of spousal or child abuse either by the parent or someone with whom the parent resides.
  • Whether a parent or someone with whom a parent resides is subject to Offender Registration.

    [Based on Kansas Statutes 60-16-1610]

    Get legal help.  Good luck.

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