Legal Question in Family Law in Texas

Is this adultery?

I've been married for the past 9 years, and unfortunately, my husband and I got separated a year and a half. We have a 6 year old son. All this time he never gave me money for our child. Now, I'm living with somebody else and he told me he would hire someone so he could get my son's full custody. My question is:

If he wants to divorce me, Can he take the sole custody because I haven't divorce him yet and I'm living with somebody else, even when all this time he never support our child?

Legally, am I doing wrong living with somebody else since I'm no longer with my husband for almost two years now? Is this called adultery?

Thank you.


Asked on 10/04/03, 1:02 am

1 Answer from Attorneys
Jean Sudduth Jean Sudduth, Attorney at law

Re: Is this adultery?

Well, you did not do things in the usual manner. You and your husband have issues, major issues. The judge will likely disregard all of your issues and focus on the best interests of the child. If your spouse has an attorney, you will be at a severe disadvantage. You did not include details of the situation so my advice is - get legal advice. Judges ae not inclined to consider adultery as very important unless there are no children to consider. Think of it as a pyramid.

Childern are most important

abuse physical or mental is second

health and financial concerns of parties are third

reason for breakup are far down the line.

Keep that in mind no matter how many 30 min shows you see on tv.

Good Luck

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Answered on 10/04/03, 2:35 am


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