Legal Question in Family Law in Tennessee

can he be taking away from me?

i have been seperated now for 6 months and have temporary custody of my 3 year old son. we go back next month for the final divorce and custody hearing. i have been dating a man for the last 2 months but never when i have my son,his dad has him on his nights when i go out with this man, my question is can he be taking away from me since i have been seeing this man?


Asked on 2/21/05, 2:01 am

1 Answer from Attorneys

Marc Reisman Rosenblum & Reisman, P.C.

Re: can he be taking away from me?

There are really too many unanswered questions for a decent reply. First, if you are going to court next month, I hope you have an attorney who is advising you. Second, if you were dating the man when you got temporary custody, then it should not be a problem, assuming your husband was aware. Third, your relationship with the man is just one factor the judge will consider. More important than the fact that you have started dating a man after your separation, is what type of man is he? Is he a safe person? Does he have any kind of drug, alcohol, or criminal history? While it is unlikely that you would lose custody due to a post separation relationship, you should know that under TN law, it is deemed inapropriate(i.e. adultery) and you really should talk to your lawyer about the proper way to handle this if it comes up.

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Answered on 2/21/05, 10:02 am


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