Legal Question in Family Law in Tennessee

Re: Married woman kisses other woman

That is not necessarily true. Custody of the children is not based on fault, but on what is in the best interests of the child. Once the court determines that a divorce is warranted, it is only supposed to look at the best interests of the child(ren)when determining custody. His abusive past would seem to be more relevant than any actions of the wife you have noted.

Re: Married woman kisses other woman

You did not mention the age of the children in your question. A Tennessee statute on custody says that the judge has to take into consideration the express desire of the child or children as to with which parent the children want to live. The older the children, the more weight the judge must assign to their preferences. Usually, a 14 year old can decide with which parent she wants to live.

The advice posted here by the prior attorney correctly notes that a judge is supposed to look at what is best for the children -- not award custody based on fault in the divorce.

Your girlfriend needs some documentation and evidence of the abuse, otherwise it will just be her word against her ex-husband's.

Mike Guth

http://riskmgmt.biz/prose.htm