Legal Question in Family Law in Maryland
Adultery claim after separation. My spouse and I have been legally separated for close to two years with divorce pending. Both of us have been dating during the most recent year since our separation. I found out I am pregnant, and still not divorced due to a number of continuances filed by my spouse's attorney. My spouse is now charging me with adultery and asking for full custody of our child. As of now, I have full physical custody of our child, and our child has been in my care since the date of our separation, with spouse having visitations. How could my pregnancy and claim of adultery affect child custody?
1 Answer from Attorneys
As to your divorce based on separation, the adultery is not relevant since it occurred after your separation and therefore could not have been a contributing factor to the breakup of your marriage. Yes -- adultery is adultery even if you're separated, and your husband could amend his complaint for divorce and add an additional count for adultery, but whether that concerns child custody relies on the specific facts of your case. Unless there's something dangerous about your lover that would affect the children the fact that adultery has occurred should not be a factor in determining issues of child custody. People move on, especially during a protracted divorce proceeding such as you have endured.
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