Can Dating During Divorce Affect Custody?

Divorce is a complex and emotionally charged legal process, particularly when children are involved. Custody decisions in Florida are determined based on the best interests of the child. This standard is rooted in statute and case law, but heavily influenced by real-life behaviors and circumstances. 

One of the most commonly misunderstood and often controversial issues during divorce proceedings is whether dating during divorce can affect child custody in Florida. The short answer is yes, it can affect custody, but not always in the way one might expect. You should speak to a divorce attorney in Florida to receive the right legal guidance and support.  

The Legal Standard: Best Interests of the Child

Florida courts no longer use the term “custody,” having replaced it with “parental responsibility” and “time-sharing” as part of the 2008 overhaul to family law terminology under Fla. Stat. § 61.13. Despite the change in language, the fundamental inquiry remains: what arrangement serves the best interests of the child?

Florida law sets forth 20 statutory factors that judges must consider when creating or approving a parenting plan during a custody case. Among these are:

• The demonstrated capacity and disposition of each parent to facilitate and encourage a close parent-child relationship
• The moral fitness of the parents
• The mental and physical health of the parents
• The capacity of each parent to provide a consistent routine
• The ability of the parents to act in the child’s best interests over their own desires
• The permanence of the proposed home environment

While dating itself isn’t expressly listed as a factor, it can influence multiple statutory criteria, especially when the new relationship affects parenting behavior, emotional stability, household environment, or the child’s well-being.

Dating During Divorce: Not Illegal, But Risky

It’s important to clarify at the outset: Florida is a no-fault divorce state. That means neither spouse has to prove marital misconduct, such as adultery, to get divorced. However, conduct during the marriage and the divorce can still impact equitable distribution, alimony, and parenting decisions when it reflects on character, judgment, or the stability of the home.

Dating during divorce isn’t legally prohibited, but it’s a decision that requires strategic consideration, especially when minor children are involved.

Practical and Legal Risks of Dating During Divorce Include:

• Moral Fitness Concerns: Under the law, “moral fitness” is a statutory factor. If a parent begins dating and that relationship exposes the child to inappropriate conduct, such as cohabitation with a new partner, sexual behavior in front of the child, or instability caused by frequent dating, it could be perceived by the court as a lapse in moral judgment.
• Parental Judgment: Courts may interpret impulsive or immature behavior like introducing the child to multiple romantic partners or prioritizing dating over parenting obligations as a sign that a parent isn’t placing the child’s needs first.
• Emotional Impact on the Child: Children are highly sensitive to changes in their environment, especially during divorce. Dating can trigger emotional confusion, stress, or loyalty conflicts. If a judge believes the child’s well-being is compromised, they may modify the parenting plan to limit the child’s exposure.
• Influence of the New Partner: The behavior, criminal history, or parenting style of a new romantic partner can become relevant. If a parent’s new boyfriend or girlfriend has a history of substance abuse, domestic violence, or criminal conduct, the court may restrict that partner’s contact with the child or even limit the dating parent’s time-sharing rights.
• Alienation or Parental Conflict: If a dating relationship creates high conflict between the divorcing spouses, especially when children are placed in the middle, courts may view that conflict as contrary to the child’s best interests. This can impact custody arrangements or lead to other child custody issues.

Key Cases and Legal Precedents

Florida case law provides nuanced insight into how dating during divorce is evaluated by judges.

Perez v. Perez, 164 So.3d 50 (Fla. 3d DCA 2015)

In this case, the court examined whether the father’s live-in girlfriend had a negative impact on the child. The trial court had originally reduced the father’s time-sharing due to concerns about his girlfriend’s influence. On appeal, the court emphasized that mere disapproval or discomfort by the other parent isn’t enough; the moving party must show a substantial, adverse impact on the child’s best interests.

Dating alone doesn’t disqualify a parent from shared custody unless there’s evidence that the relationship negatively affects the child.

Rashid v. Rashid, 210 So.3d 155 (Fla. 4th DCA 2017)

This case involved a mother who began dating someone with a criminal record while the divorce was pending. The court found that introducing the child to a partner with a violent history and allowing unsupervised contact demonstrated poor judgment, which factored into the custody determination.

The character and background of the new partner can directly impact time-sharing decisions.

Should You Introduce a New Partner to Your Children?

Introducing a new romantic partner to your children during divorce proceedings is one of the most consequential decisions a parent can make. From both a legal and psychological standpoint, this should be approached with extreme caution.

Guidelines to Consider:

• Wait until the divorce is final before introducing a new partner to the children, unless advised otherwise by a counselor or court.
• Don’t allow overnight stays while the children are present.
• Avoid introducing multiple short-term relationships to the children.
• Seek therapy or co-parenting counseling to navigate how and when a new partner should be introduced.
• Be transparent with your attorney about your dating life, so they can help you address legal considerations, such as marital funds and alimony payments.

Parental Responsibility and Decision-Making

Even if a parent doesn’t lose time-sharing due to dating, their behavior can affect parental responsibility, such as who has decision-making power over major issues like education, health care, and religion.

If a judge finds that one parent consistently places their romantic interests above their child’s well-being, they may grant sole parental responsibility to the more stable parent, even if time-sharing remains shared.

This distinction can be critical in a high-conflict divorce or a custody battle. During legal proceedings, one parent may seek to limit the other’s authority due to alleged instability or poor moral judgment.

Temporary Orders and Emergency Hearings

During the pendency of a divorce, judges can issue temporary orders concerning custody and visitation. If dating behavior becomes reckless (for example, exposing children to a partner who uses drugs or behaves abusively), the other parent can seek a modification of temporary orders or an emergency hearing under Florida Family Law.

In such cases, evidence is key. Courts typically require affidavits, corroborating testimony, or third-party documentation to support any claim that a dating relationship endangers a child or undermines parental fitness.

The Role of a Guardian ad Litem

In especially contentious divorces involving children, a judge may appoint a Guardian ad Litem (GAL). The GAL conducts an independent investigation to determine the child’s best interests and makes a recommendation to the court. 

The GAL will consider any relationships or household dynamics, including dating partners, that might impact the child’s physical or emotional welfare. If a GAL concludes that a parent's dating behavior is detrimental, their findings can heavily influence the court’s final order.

How to Protect Your Custody Rights While Dating

For parents who choose to start dating during a divorce, here are the best practices to minimize legal implications:

• Keep your dating life separate from your parenting time.
• Refrain from posting relationship content on social media. These posts can be used as evidence in court.
• Vet your new partner carefully. Their history and behavior will be scrutinized.
• Follow all court orders. Don’t violate parenting plans or temporary orders to accommodate a romantic partner.
• Focus on co-parenting cooperation. Judges favor parents who demonstrate a willingness to work together, even if it’s difficult.

How Our Florida Child Custody Attorneys Will Represent You if You’re Dating During Divorce

Strategic Legal Advice for Your Situation

Dating during divorce in Florida can raise red flags in custody disputes. At Veliz Katz Law, our experienced child custody attorneys will review your specific circumstances and provide clear, actionable guidance to protect your parental rights. We’ll explain how your dating life might impact the court’s perception of your parenting and help you avoid behaviors that could be misinterpreted as harmful to your child’s best interests.

Building a Strong, Child-Centered Case

We focus on showing the court that your relationship doesn’t negatively affect your child. Our divorce lawyer gathers evidence, such as character references, therapist opinions, and parenting evaluations, to demonstrate your stability and commitment to your child’s well-being. If your new partner will be part of your child’s life, we ensure their background won’t create avoidable complications.

Skilled Courtroom Representation

In court, we advocate fiercely for your parenting rights. Whether defending against claims that your dating life is problematic or proactively addressing concerns before they escalate, we present a compelling, fact-based case centered on your fitness as a parent. Our divorce attorney knows how to pursue these sensitive issues to achieve a custody outcome or a divorce agreement that supports your family’s future.

During the divorce process, among other issues such as marital assets, spousal support, child support, and property division, we’re determined to protect what matters most—your children. To schedule a meeting with our legal team, call us at 407-250-7626 or contact us online.