Section 9.14 Cohabitation

• Library: Family Law Deskbook and 2014 Supp

G. (§9.14) Cohabitation

While cohabitation can be a factor in making a custody determination, it does not, in and of itself, necessitate a change in custody. In O’Connell v. Horton, 313 S.W.3d 702 (Mo. App. W.D. 2010), the father argued the evidence of the mother’s living with a man to whom she was not married in the presence of the child supported a change in custody. The court found nothing in the record to suggest that the welfare of the child had been or would be adversely affected by any conduct of the mother; therefore, the evidence failed to support a finding that a change in custody would benefit or be in the best interest of the child. Id.

In Bauer v. Bauer, 97 S.W.3d 515 (Mo. App. W.D. 2002), the father claimed that the trial court did not give enough weight to the evidence regarding the mother’s cohabitation with a convicted felon. The court found that the mother was not...