Can dating affect my divorce or custody case? There are legal issues as well as practical issues. In a divorce scenario, did you contribute to the breakdown of the marriage? If you're getting a divorce, then there's already a breakdown of the marriage. Whether you date or not, the court won't really care. The court will say that people of the opposite gender should not stay overnight if they have children. There may be issues. The court often will not take that against you. One of the factors in a custody case is moral fitness. Your dating may cause problems with getting along with a co-parent. It may take an emotional toll on the children. The court may not tell you not to do it. It may not take a position on dating at all. You have to always consider the emotional toll on your children.

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