Legal Question in Family Law in Georgia

Re: Child custody and adultery

You can't stop him from filing for divorce. However, although he can threaten all he wants to "get the children", that would be up to a court. I doubt that adultery, even if proven, would be grounds to deprive a mother of child custody unless it has somehow adversely affected the children.

Adultery could definitely adversely affect your claim for alimony but would have no effect on child support.

These are very important matters. It is difficult to provide you with all the information you need in this format. You need to sit down with a local divorce lawyer because there are many questions that need to be examined.

Re: Child custody and adultery

He can file for divorce, but adultery is hard to prove. As for the effect of "adultery" on child custody there is a separate issues. The law says that both the mother and father start off on equal footing. The court will take into consideration for the most part who has been the primary caregiver for the children. The only way the courts would consider any adultery issues is to the extent any activitiies have taken place in the presence of the children or to what effect there has been in the presence of the children.

Remember, in georgia the children between the age of 11 and 13 have the right to tell the court where they want to live, but the judge does not have to follow the request. Children over the age of 14 have the right to select thier parent of choice so long as the parent is fit.

There are a lot of issues that need to be discussed and you really need to sit down for consultation and review the facts and your options. The first bit of advice, put any outside relationships on hold for now, it could hurt your case.