According to deposition testimony, Schiavo lives with his "girlfriend" – the mother of his child. The petition asserts this violates Florida Statute 798, which makes living in open adultery a misdemeanor, and proscribes lewd and lascivious cohabitation.Shouldn't Michael be kept away from Jodi's children, as well as Terri, if he is engaging in lewd and lascivious behavior?Under Florida Statute 744.474, a guardian found guilty, regardless of adjudication, to any offense prohibited under Florida Statute 435.03, which includes lewd and lascivious behavior, should be removed.