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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12815
Experience:  Licensed experienced Attorney
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I am getting divorced soon. I do not want to but my wife is

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I am getting divorced soon. I do not want to but my wife is forcing the issue. She is 24, left me and my 3 children on memorial day and moved in with a 49 year old man. She has since been 'trying to work on things' but really has not. I also believe that she has a personality disorder as do 3 therapists and our family Dr. She came to me today and proposed a bunch of things so that we didn't have to go through the courts. I believe because she knows she is in trouble. My question is, if she is living with a 49 year old man and wants visitation every other weekend, Do I have the right to say no because I do not believe that my wife has created an environment where this older man will be around my children and I do not think they need that kind of example set for them because it is not OK?
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation that you are in.

There is legal presumption that both biological parents have a 50/50 right to equally share timesharing and custody of the child, however this presumption can be rebutted in court.

Unfortunately, as long as, there would be no imminent danger to your three minor children if they were to visit with the mother and the man she is living with or some other evidence that it would not be safe for the minor children to stay with the mother, the judge can order joint custody and also is more than likely to grant generous visitation to the mother (provided that both of you agree that you would have the residential custody of all children).

So in most cases it is better to try to agree on custody / visitation with your spouse, rather than leave it up to the judge to decide on how to establish custody / visitation, which in many cases not only lengthy and expensive process, but also the results can be worst than if the parents were to come to an agreement on child custody / visitation on their own.

Also, at this point it is really important for you to consult and retain an experienced local family law attorney, who would be able to fully protect your legal and parental rights in your upcoming divorce.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12815
Experience: Licensed experienced Attorney
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