Can My Ex Lose Custody Of Her Children Because I Moved Out?

This question arises from a situation where an ex-husband threatened to go after custody of the children because the wife’s new partner was thinking of separating and moving out. The ex-husband said that his ex-wife (the mother of the children) was not providing sufficient stability to the children.

There are specific factors that judges must consider when deciding custody cases. One of the factors is the “stability of the family unit in which the child is to live.” Where a parent has multiple partners, is always changing partners, or has a “transient lifestyle” – meaning that the parent changes homes frequently – that can have an impact on whether a judge decides to change custody. However, as you can see from that page, there are several other factors that the judge considers as well. The decision is based on what is overall in the best interest of the child. The strength of the connection with each parent, and the stability for the child in NOT changing homes are also factors the judge will consider. Generally, if the children are doing well in a home, and have been there for some time, judges are reluctant to move things around in case it makes things worse. But, a LOT depends on the particular factors of the case, so your partner should see a good family lawyer to get answers that are specific to her case.