Legal Question in Family Law in Missouri

can i lose my kids if i am seeing someone else

I am separated from my husband and i am hanging out with someone can he take my kids from me. Can he use this when we go to court for out divorce?


Asked on 1/22/07, 3:25 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: can i lose my kids if i am seeing someone else

The fact that you are having an affair with another person while you are still married is considered under the law to be marital misconduct. Marital misconduct can be considered by the court in a divorce in determining issues regarding maintenance or the division of property. Marital misconduct will not effect a determination of custody, unless something you are doing causes or threatens to cause harm to the children. Different judges place different amounts of weight on issues such as this, and there is no way to tell you what your judge might do.

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Answered on 1/23/07, 12:48 am


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