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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In Georgia... If I have committed an affair, that affair has

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In Georgia...
If I have committed an affair, that affair has resulted in my moving out and filing for a divorce in order to build a life with this person, how is my visitation impacted? If I do not bring the person around my child and never have, can I still see the person during after my separation and until my divorce or will that impact my visitation - again, the question is specific to whether or not I person around my child, which I haven't and do not intend to during this process. And what about after? Can the person be around my child after divorce but before marriage? I understand the "girlfriend rule" - I am only asking about time in presence at all, not spending the night.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
If I have committed an affair, that affair has resulted in my moving out and filing for a divorce in order to build a life with this person, how is my visitation impacted?
In no way, really. Custody/visitation is decided "in the best interest of the child," and the Court looks at parenting ability. What the parent may or may not have engaged in that does not really impact parenting is a non-issue.
If I do not bring the person around my child and never have, can I still see the person during after my separation and until my divorce or will that impact my visitation
It shouldn't. The adultery has NOTHING to do with the custody/visitation issue.
- again, the question is specific to whether or not I person around my child, which I haven't and do not intend to during this process.
Whether they are or are not does not matter.
And what about after? Can the person be around my child after divorce but before marriage?
Yes.
I understand the "girlfriend rule" - I am only asking about time in presence at all, not spending the night.
Still yes. The overnight rule is separate.
The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc. The courts generally do not like to split the custody 50/50 since this is hard on the child unless both parents agree to this.
One parent usually becomes the custodian and the other parent becomes the "visiting" parent which is generally one day a week, every other weekend, and alternating holidays. The nuanced points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.
Even if a parent does not get managing custody, they are almost guaranteed visitation unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even visitation, although supervised visitation may be granted by the Court.
Of course, that is the standard order of possession. That order can be modified if both parties agree or if the Court finds that it is an extraordinary situation.
So the adultery really should not be a factor considered in setting up custody/visitation and the girlfriend generally may be around the child unless the Judge feels that this would cause the child mental anguish, and/or, the parties agree not to do this.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
I was looking for moderate, I don't feel I got that but maybe I should have been more specific. If this person lives in another state, can she visit me as long as I don't allow her to be near my child?
Expert:  Ely replied 1 year ago.
Hello,
I am sorry, but I am not sure what you mean when you say "I was looking for moderate." Moderate - what?
If this person lives in another state, can she visit me as long as I don't allow her to be near my child?
Yes. In fact, she can be around the child provided that the Judge does not feel she is a threat to the child, even if one of the parents had an affair with her.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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