Legal Question in Family Law in Virginia
Adultery and post separation adultery as relates to custody
Paul B. Ward posted a reply to a question, which can be found at the following URL: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=57995277. In this reply he stated, in part, ''your custody and visitation rights would likely be affected by exposure of the child to an adulterous relationship''.
Divorce is imminent as the result of an adulterous relationship (at one point the father was living with the girlfriend). There is a daytime only temporary visitation order in place which states, in part, ''Neither parent shall have the child in the presence of a person with whom the parent is having a dating or romantic relationship''. As their mother I currently have a temporary order of sole physical custody.
However, my children (both under age 4) continue to come home after visitation and state that they have been by the girlfriend�s house. Most of the time it appears that their father is parking his vehicle on a public road right in front of his girlfriend�s house and entering his girlfriend�s house while the children wait in the vehicle so the children are not technically ''in the presence of''.
How, if at all, will this affect a permanent custody order? Please advise.
2 Answers from Attorneys
Re: Adultery and post separation adultery as relates to custody
Whether the scenario that you have described is a
violation of the temporary order for visitation is a question of interpretive (and interpreted)
fact which the court will have to decide, but only
after it has been appropriately raised by one of the parties.
Re: Adultery and post separation adultery as relates to custody
Not likely to affect a permanent custody order. Could affect a permanent visitation order. After the divorce it's OK for dad to have a girl friend; it's not OK for dad to expose the kids to the sexual side of the relationship: don't have the girl friend overnight while the kids are there. Keep displays of affection more platonic, less sensual.
Keep in mind, you might meet someone you like and want to have the kids spend time with. Goose and gander, and all that. You've got most of 20 years to be in joint parenting mode, so make it as good and as fair as you can.
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