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Ask Coathom Your Own Question
Coathom, Lawyer
Category: Family Law
Satisfied Customers: 19
Experience:  Familiar with divorce, property distribution, custody, and child support issues.
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My sons father has moved in with a woman he met 4 weeks ago

Customer Question

My son's father has moved in with a woman he met 4 weeks ago who has 3 children and is still legally married. My son is 9 months old and I am suing his father for child support and custody, papers will be filed sometime this week. Isn't him living with a married woman considered adultery? What can I do to protect my son from this situation? This woman is 30 with 3 children ages 16, 8 and 6.
Submitted: 7 years ago.
Category: Family Law
Expert:  Coathom replied 7 years ago.

Adultery is not illegal in every state and is rarely if ever prosecuted. If you believe that your child should not be exposed to this woman or her children, you may petition the court to modify the custody/visitation order. I will say that seeking modification under the grounds of "adultery" will not likely lead to modification.



Customer: replied 7 years ago.

Under what grounds can I petition the court? This environment is not a stable one and it is not my son's father's permanent residence. He has no stable home for himself or his children at the moment which is what led to him moving in with this woman so quickly.

Expert:  Coathom replied 7 years ago.

You should be able to download a "Petition to Modify Custody" form from your local court clerk's website. If not, they will be available at the courthouse. Your grounds are that it is not in the "child's best interest" (this language is important) to be exposed to this situation. I will warn you that if this is already a contentious proceeding, the judge will not look kindly on a petition that is motivated out of malice rather than the best interest of the child. Your ex may also be motivated to file a petition to modify against you for some trumped up reason.


Your petition should state the facts as you've relayed them to me: That this is an unstable environment with many strangers entering your young son's life, possibly without due supervision.


Customer: replied 7 years ago.
What are my chances of him not being awarded visitation outside of my home until he can provide a home for them? In the past 6 weeks he has lived in the homes of two different friends and now he has moved into his girlfriends. I don't have a problem with him having a girlfriend. I have a problem with his children being exposed to this lifestyle with no security or stability.
Expert:  Coathom replied 7 years ago.
The chances of them substantially changing the custody arrangement are not very good, but that does not mean you shouldn't pursue it. The courts are hesitant to adjust custody arrangements unless there is some sort of abuse involved. While your concerns are certainly valid, they may not rise to the level where a judge would feel comfortable turning custody into supervised visitation. But again, you are looking out for your child and as such you should feel comfortable bringing this issue to the judge's attention.
Customer: replied 7 years ago.
We haven't gone to court yet so, at this time, there is no legal custody arrangement set.
Expert:  Coathom replied 7 years ago.
I apologize for overlooking your earlier statement about custody. In that case, your chances are somewhat better, but still not strong. Your ex has parental rights and will be asserting them for custody (unless he is again saying that he does not want anything to do with your son). You should be able to make a strong argument that your should have primary custody, but you will have to fight for limiting your ex to supervised custody only.
Customer: replied 7 years ago.
Thank you very much for your help.
Expert:  Coathom replied 7 years ago.

Absolutely. I hope the judge is able to understand your concern and adjust custody accordingly.

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Thank you!

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