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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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I live in louisiana. I left my wife in the middle of October

Customer Question

I live in louisiana. I left my wife in the middle of October 2008. We had discussed continiung to date, but just not living togather. This would save both of us the mental anguish of the type of other person we each might end up with. During the first part of December she had brought my son over to see me and we had sexual relations in my home. Two weeks later she said she was not interested in "dating" or having sex. A couple of hours later she calls to see how my son is doing on our agreed upon visitation and things turn sour. I ended up hanging up on her. Ten minutes later she shows up at my door and barges in, a heated argument follows. She scoops my son up and leaves. I realize that she had forgotten his sippy cup and went to her car to give it to her. She locks the doors and screeches her tires backing out. I threw the sippy cup at her car. She serves me a protective order. We go to court and she tells lie upon lie and the Judge believes every word. It was my impression that he thought of me as a joke. I had no representation but she had a Pro Bono attorney The Judge grants the protective order permanent.Until I meet certain requirements by March 6th 2009 at which time he may consider amending the order. Today, a friend of mine and his wife were browsing at a local furniture store, when she walk in pushing my son in his stroller with another man with her. Is it possible to prove adultery and how do I? I have heard that Louisiana is a "No Fault" state and the Judges won't even look at adultery.
Submitted: 8 years ago.
Category: Legal
Expert:  Jack R. replied 8 years ago.
The old fashion way is with photograghs and an investigator. You can show adultery by implication, man is living together with your spouse, spend nights at the home. You can also interview her friends, neighbors.

These days you could probably get your wife to admit the relationship. Adultery will not guarentee you custody back. It may reduce any alimony that might be computed.


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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
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Customer: replied 8 years ago.

She has everyone in the neighborhood thinking "poor me" bc I left her. They won't talk to me. I can not go within 100 yards of the residence due to the protective order. Although I did get pictures of them togather in the store today, with my camera phone, I can't go by there and take picture, unless I want to go to jail. I did have a neighbor a few houses down inform me thru a mutual friend that he had seen an "odd" vehicle there on several occasion.

I also have a friend that hired an investigator and proved his wife to be cheating on him and she still was granted custody.

The above incident (furniture store) happened at approx. 5:30 this afternoon. Around 7 PM my sister runs into her at a local branch chain electronics store and the man was not with her. Im assuming that them unexpectingly running into me while being togather made her panic and she possibly sent him in another direction for the time being.

Expert:  Jack R. replied 8 years ago.
Adultery is not going to get you custody. It is just not the "sin" it was 20-30 years ago. All you can really hope for is a reduction in alimony. If you can prove her boyfriend has a criminal past, presents a danger to the child then maybe a judge will listen. The experience of your friend is typical, adultery by itself is not sufficient to establish that the mother is an unfit parent.


If this answer was helpful please press ACCEPT so I may be paid.

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.