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Law Pro
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Category: Family Law
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Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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can a sexual addiction cause a father to lose visitation with

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can a sexual addiction cause a father to lose visitation with his teenage daughter? My husband whom I just left last week is highly addicted to cyber affairs and porn, and I would like to make it mandatory that he get counseling or at the least, have supervised visits with our almost 14 year old daughter. we live in virginia. is this a possiblity or not?
Submitted: 4 years ago.
Category: Family Law
Expert:  Law Pro replied 4 years ago.
Yes, certainly. Can you prove the matter as to his "addiction"?
Customer: replied 4 years ago.
prove as in? how much or how often and all that? how about over a hundred gig of porn downloaded, multiple cyber affairs in the past, and the current cell phone log as well as the phone we found in the car, not sure what else might be needed, but I do have his credit card statements where he was paying the ntelos phone charges showing up on it.
Expert:  Law Pro replied 4 years ago.

Your going to need to show some proof of the allegations - I very much doubt that he's going to admit to much. Whatever you can get as to information would certainly help.

 

However, realize that infidelity or adultery really doesn't matter that much if going through a divorce. In fact, in most states they have specifically removed adultery as a crime.

 

As to his "sex addiction" as you call it - do you know if it has anything to do with child pornography or anything like that?

Customer: replied 4 years ago.

No, its not child porn, mostly married women and separated ones that I've found. In virginia adultery is still a fault, however I don't believe cyber affairs count, though I'm unclear on that still. we just separated last week, but the marriage has been in the toilet for years. I've offered divorces several times, he always talks me into staying, yet this time its like i could not get out fast enough for him.

 

I just want it to end, start my life over, and keep my daughter safe. The addiction has gone from just porn pictures, to movies, to cyber, and I have no proof, but I do believe there have been at least two local women that could well have been in person. I'd have to hire a Private investigator to find that out and I can't afford that at this time.

 

 

Expert:  Law Pro replied 4 years ago.

He can't be charged with adultery then - adultery is defined as extramarital sex that willfully and maliciously interferes with marriage relations.

 

It's the sex that can't occur over the internet.

 

As to proof - yes you would have to be able to prove that he's doing whatever and that it's a harm to the child. I very much doubt he's going to admit to anything - to the contrary, I would think that he's going to specifically deny the allegations.

 

As to custody - the court will order whatever they think is in the "best interests of the child" when making order of custody and visitation.

Customer: replied 4 years ago.

Thank you. XXXXX do not think he will deny the accusations, he's acting almost like he's wanting to get caught, too many things pointing to it, and if not caught, then he really is looking for the marriage to end as fast as possible after all these years of not letting it end when he had the chances. I appreciate the time, it has answered some of the questions in my mind. I'm curious though, do you think there will ever be a change in the laws that allows cyber affairs to be grounds for divorce? Probably not in my lifetime, but you never know, its getting to be a larger problem than I think anyone imagined a few years ago.

 

Again, thank you. Have a great day.

Expert:  Law Pro replied 4 years ago.

I don't know doubtful though - there is no physical contact - however, there is communications as between them. But, given the status of adultery which has been been declassified now in most states as a crime - very doubtful.

 

Too, in most states - the grounds for divorce can be just irreconcilable differences - so cyber affairs doesn't really matter.

 

 

Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 23969
Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution
Law Pro and 6 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
except I guess to the innocent spouses. thanks
Expert:  Law Pro replied 4 years ago.
You're welcome. Good luck!!

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