• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

marital abandonment and dating

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

stephenpetricca

Guest
What is the name of your state? tennessee. My girlfriends husband cheated on her 2 times and then abandoned the marriage by asking her to leave over 1 year ago. He has repeatedly said he will file but does not do so. My girlfriend cant file at this time as she dont have the finances to do it. Does he have any legal recourse as to the custody of thier child due to her dating me? They share custody 50% right now (non court appointed). He is threatening that he can get custody because of her dating me regardless of how long he waits to file? If he fails to file what is her recourse? Thank you
 


Jeter

Member
Divorce and custody are two separate matters. Child custody is based on a standard called "the best interests of the child." Ideally, Courts try to keep the child(ren) in a situation where both parents have some custody and vistation rights. However, there are circumstances in which the Court will feel that it is unwise to allow the child to be in the home or company of one of the parents and that parent's rights can be terminated.

An extramarital affair or relatinship in a divorce situation is not in itself something that will cause a parent to lose all rights to the child. The Court will look to the age of the child, his/her stability, well being, your and your girlfriend's (child's mother) ability to provide for and care for her child and whether being in an environment with her is healthy or harmful for the child. Besides the wishes of the parents, the Court will also look to the child's wishes and it will then make a determination as to the "best interest of the child.

If he fails to file and she is concerned for the well being of the child she can contact family services to request intervention.


Jeter
 
Last edited:

kidoday

Senior Member
I believe if they are truly separated for over a year, then there should be no recourse to you dating. As Jeter explained, the childs best interest will always play a part in custody matters.

Look through the yellow pages, or online for free advice from an attorney in your state. Most will give the first consultation for free regardless if she files.

Maybe it is time she save up the money if she truly wants to be rid of him.
 
S

stephenpetricca

Guest
what about if we are living together at this point? does this change the custody circumstances? What about the implacations in the divorce if we are living together at this point? This pertains to his legal recourse.
Thank you and I appreciate your cander
 
Last edited:

Jeter

Member
The divorce implications will have to be worked out by your lawyer after reviewing all facts and pertanant information.

Read my first reply about custody. That will again answer your question. You keep mixing issues of divorce with child custody.

I'd suggest seeking consultation from a lawyer near you so he/she can review all facts and circumstances pertaining to your specific case.


Jeter
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top