Adultery, Divorce, and Custody

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    • #2006

      I am currently divorcing my husband for our own personal reasons. We have been separated since December 2014 and recently decided it was best to part ways legally. I met my current boyfriend as he was going through a lot at home and we became friendly co-workers. Nothing more until the issues at home became more stressful and we decided to start seeing each other outside of work which turned into a serious relationship. Shortly afterwards, he decided to leave the marriage, but she found out shortly after we started seeing each other she was pregnant. She is due in about 8 weeks. He moved out of the home all together in December after moving rooms within the home. He lived at a family owned home until he decided to move in with me 2-3 weeks ago. He has a “past” that, after receiving treatment, altered his outlook and beliefs and she was frightened he would leave so she got pregnant in hopes that would keep him around. Now, she is threatening to get full custody, kicking him out of the child's life all together, along with a multitude of other things that I personally don't see as possibilities. He has a stable job, a stable home, provides her with funds for bills even after moving out, and keeps her on his health insurance because of the pregnancy. My question is: Considering the affair in with his divorce, what are the chances of him losing custody of his child because of the fault of the marriage? If not, what are his rights and what should be done? He has no access to any financial accounts such as checking or savings due to her putting all in just her name before he went to treatment. What are his rights when it comes to having access to his money to be able to file for divorce. Without the money in the savings that rightfully belongs to him as well, he has nothing for retainers for a good lawyer. The home was built in her name 2 years before marriage, therefore, he left the home and will leave the home to her. Also, she threatens him by saying she is filing divorce naming me in the documents. What affect does that have on me and my divorce? And will he be allowed visitation if he lives in the home we share now without being married? We do plan on marriage in the future, just not immediately. Any help and advice would be greatly appreciated.- Thanks in Advance

    • #2482

      He really needs to talk to a lawyer on this one because their are important custody and property issues.I can say that "fault" in a divorce usually is not an issue in custody disputes. The best interests of the child are the issue, not an affair or even adultery by a parent.Fault can be an issue when it comes time to determine permanent spousal support. That is another important reason he needs to see a lawyer ASAP.

    • #2483


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