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