Divorce in Tennessee by Burch Eric J.;

Author:Burch, Eric J.;
Language: eng
Format: epub
Publisher: Addicus Books
Published: 2014-08-15T00:00:00+00:00

Your attorney can help you determine whether hiring a private investigator is a good idea in your particular case.

8.13 Will the fact that I had an affair during the marriage hurt my chances of getting custody?

Whether an affair will have any impact on your custody case depends upon many factors, including:

Whether the children were exposed to the affair

Whether the affair had any emotional impact on the children

How long ago the affair occurred

The quality of the evidence about the affair

In determining custody, a court may consider the parent’s moral fitness, which includes his or her sexual activity. However, these considerations will only be taken into account if the children were exposed to sexual activity or were adversely affected by the exposure to an affair. If you had an affair during your marriage, discuss it with your attorney at the outset so that you can assess its impact, if any, on custody.

8.14 During the months it takes to get a divorce is it okay to date or will it hurt my chances at custody?

If custody is disputed, talk with your attorney about your plans to begin dating. Your dating may be irrelevant if the children are unaware of it. However, most judges will frown upon exposing your children to a new relationship when they are still adjusting to the separation of their parents.

If your spouse is contesting custody, it may be best to focus your energy on your children, the litigation, and taking care of yourself.

If you do date and become sexually involved with your new partner, it is imperative that your children not be exposed to any sexual activity. If they are, it could harm your case for custody.

8.15 Can having a live-in partner hurt my chances of getting custody?

If you are contemplating having your new partner live with you, discuss your decision with your attorney first. If you are already living with your partner, let your attorney know right away so that the potential impact on any custody ruling can be assessed.

Your living with someone who is not your spouse may have significant impact on your custody case. However, judges’ opinions of the significance of this factor can vary greatly. Talk promptly and frankly with your lawyer. It will be important for you to look together at many factors, including the following:

How the judge assigned to your case views this situation

Whether your living arrangement is likely to prompt a custody dispute that would not otherwise arise

How long you have been separated from the other parent

How long you have been in a relationship with your new partner

The history and nature of the children’s relationship with your partner

Your future plans with your partner (such as marriage)

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