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Cohabiting and custody

  • Thread starter Thread starter spiderhead
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spiderhead

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TN - My husband left three months ago and the divorce papers were officially started last month, on grounds of Irreconcilable Differences. Since then, I have started dating someone (a longtime friend - no funny business prior to separation) who lives in DE and is planning on moving down. My husband found out about my relationship about a week after the papers were drawn up, and today changed it to Infidelity. We have a 1-year-old daughter. Here's my question: If he can't prove that our child is endangered by my relationship, is there anything he can do in the meantime to stop the relationship, or bar this person from living with me? He says he isn't jockeying for full custody (we've agreed on joint custody)... that changing the filing to infidelity is a "personal victory" for him. Isn't this considered spiteful, and wouldn't that be frowned upon in the courts? Thanks in advance for your advice.
 


LegalBeagle

Senior Member
spiderhead said:
TN - My husband left three months ago and the divorce papers were officially started last month, on grounds of Irreconcilable Differences. Since then, I have started dating someone (a longtime friend - no funny business prior to separation) who lives in DE and is planning on moving down. My husband found out about my relationship about a week after the papers were drawn up, and today changed it to Infidelity. We have a 1-year-old daughter. Here's my question: If he can't prove that our child is endangered by my relationship, is there anything he can do in the meantime to stop the relationship, or bar this person from living with me? He says he isn't jockeying for full custody (we've agreed on joint custody)... that changing the filing to infidelity is a "personal victory" for him. Isn't this considered spiteful, and wouldn't that be frowned upon in the courts? Thanks in advance for your advice.

No, it is not spiteful and you will do well to wait until the divorce is final before you see this man again. Custody of children has been lost for less. He has changed the petition once, what stops him from doing so again?

 

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