Can the Father Seek Custody Based Upon Who the Mother Dates

A woman broke up with a man while pregnant, and was planning to go back to her ex-, who is presently incarcerated in jail and who has a history of petty crime and drug offenses. The father of the unborn child says that if she goes back to her ex-, he is going to fight her for custody. Will a court consider her choice of dating partner when making a custody decision?

Yes, a parent's choice of dating partner or person with whom she cohabitates can affect the court's custody determination, as it evaluates which parent is going to provide the better, safer, more stable and more appropriate custodial environment.