Reasons to Avoid Overnight Dates During a Custody Battle


If you're in the middle of a Pasadena divorce and fighting for custody of your children, it’s smart to avoid overnight dates until the judge has ruled on your case.

When making custody decisions, the judge must decide what is in the “best interests” of the child. A stable home life is usually the top priority. Common concerns about overnight dating during a custody case include:

  • If you’re introducing your child to your potential romantic partners, he or she may get overly attached and become upset if the relationship doesn’t work out.
  • If your new partner has ever struggled with drug abuse, alcoholism, or mental illness, there may be concerns that he or she might not be a good influence on your children.
  • You may be accused of being more interested in finding a new spouse than attending to the needs of your children.
  • ln the eyes of a more conservative judge, there may be concerns about the wisdom of engaging in a sexual relationship with another person while you are still legally married.

Please keep in mind that the concern about overnight dating during a custody battle applies regardless of the age of your children. Your teen may be old enough to understand that his or her parents are going to want to move on after the divorce, but that doesn’t mean that watching you date will be easy.

Additionally, California law states that you can be considered cohabitating if your partner stays over three or more nights. These nights don’t even need to be consecutive to count. Cohabitation can often be a factor in spousal support agreements, which can affect your ability to support yourself as well as your children.

This doesn’t mean that you can’t date at all. Since overnight visits are the main concern, consider limiting yourself to coffee or dinner and a movie while your children are in school or visiting their other parent until your custody case is settled.

How Can We Help?

Please call our office at (626) 683-8113 or email us at if you have questions about child custody and your divorce. Our skilled Pasadena divorce attorneys are eager to advocate for the best interests of both you and your child.