Wife wants to "date other people"

[Goodfella]

What's best for the child?

Who has been the primary caregiver?

I don't mean financially.

What's best for the child is that her mom doesn't have affairs with other men (sorry...but I need to vent)

Primary caregiver? 50-50 at this point.

 

[Goodfella]

What's really best for the child? She stays at the house, with her mom. Dad lives in a crappy apartment nearby and sees the child every other weekend. Dad gets the shaft for being a good provider, father and (so he thought) husband.

 

[Proserpina]

Primary caregiver? 50-50 at this point.

So you both work full time?

 

[Ohiogal]

At this point in time I would say, yes she can take the child. You may be able to file a protective order prior to filing the divorce .. your lawyer should be able to give you more details.

A protective order? Based on what?

 

[NellieBly]

No legal advice, but I wanted to wish you good luck.

 

[Proserpina]

A protective order? Based on what?

Victor = a recently time-outed poster with a different screen-name.

 

[The_Non-Mom]

No legal advice, but I wanted to wish you good luck.

And good luck from me as well. Also, here is some sort-of legal advice: KEEP YOUR EMOTIONS IN CHECK! I know this is very difficult to deal with and you are hurting, but you have a better chance of getting what you want if you stay calm and reasonable.

 

[mistoffolees]

You will need to file for divorce and request exclusive use of the marital home. That is the ONLY way she'll be legally required to move, and it will ONLY be when the court orders her to vacate.

I'm surprised the lawyer didn't tell you that.

In addition, ask for a no-paramour clause.

And, in TN, adultery (particularly during the divorce process) can affect custody, so I would ask for primary custody of the child while the divorce is pending.
Tennessee Divorce and Family Law

If OP does get the marital home, then there would be some strong arguments in favor of him getting temporary physical custody:
- Child gets to stay in same home
- OP says 50:50 parenting time now, so no preference either way
- Mom is committing adultery - and plans to be continuing while the divorce is pending