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I'd like to ask a question. If I know that my wife who has…

HEllo I'd like to...

HEllo I'd like to ask a question. If I know that my wife who has left me to move in Oklahoma (we're still legally married) is having a relationship with another man and all the while blocking me from speaking to my kids

Lawyer's Assistant: What steps have you taken? Have you filed any papers in Oklahoma family court?

May I report adultery have have them some kind of punishment monetary or otherwise

Lawyer's Assistant: Have you talked to a lawyer about this yet?

Not yet but I'm about to go to family court here in Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I've talked to a family court lawyer but I'm not really sure if I should go with him and / or if I go to court in Texas or in Oklahoma

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Answered in 7 minutes by:
3/26/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,899
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Oklahoma unfortunately abolished private lawsuits for adulterous affairs back in 1976. Texas abolished similar lawsuits in 1997. There is an Oklahoma statute on the books that makes adultery a crime, however, these statutes are honestly rarely enforced. The state is less likely to take action when both people involved in the affair have moved out of state. But also, the statute is arguably unconstitutional following the Supreme Court's holding in Lawrence v. Texas, which struck down another law criminalizing private sexual conduct between consenting adults. You can file a police report - I just want you to know that it's possible they won't take any action. Adultery is not a crime at all in Texas.

That means the recourse to you in this scenario is to file for divorce. The case would be filed in Oklahoma unless your wife has been in Texas for at least 6 months - that's how long it takes her to establish residency there. The Texas courts can't hear a divorce until residency is established. An Oklahoma judge can order her to return the children to you in Texas, and a Texas court will help you enforce that.

Adultery could come into play with regards ***** ***** in that she's not going to get it in this scenario. You can use her infidelity, and her actions in taking the children and keeping them from you, as reasons you should be he one to get custody. Both things go toward her ability to instill good moral values in the children, and hiding them also shows parental interference, which judges don't like. If she spent money on the affair, you can also ask that she be ordered to repay you half of the money spent out of her share of the marital property.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 25 days ago
Just one more clarification if you please, My (hopefully soon to be ex) wife spent more than 6 months in Texas. So I can go to a Texas court as well as Oklahoma court. I still live in Texas and she is living there for about 4 months now. Which one would be more advantageous for me do you think in terms of getting my kids back (preferably immediately via a temporary custody order/decision)

I'm sorry, I misread the locations. If you live in Texas, you can file in Texas. To file in Oklahoma, you have to wait until she's been there six months. Filing in Texas would let you file now. Once you get a custody order in Texas, you can file in Oklahoma, get an OK order, and use it to have police go with you to pick up the kids if necessary.

That may be faster than waiting 2 months for her to establish residency in Oklahoma. And an Oklahoma judge might be more likely to say it's fine for her and the kids to stay in Oklahoma once they've been there for 6 months or more.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,899
Experience: Attorney with experience in family law.
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Satisfied Customers: 31,899
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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