Legal Question in Family Law in Virginia

Re: Is cheating by phone and e-mail legally adultery?

Answer to question #1: More is required than mere

electronic or other forms of communicative contact with the suspected paramour to establish adultery. If you have already forgiven your spouse for her previous lapses and resumed normal relations with her (called condonation in the law), then you must find her again in flagrante delicto(in the act, so to speak or its equivalent) in order to establish new grounds for adultery.

Answer to question #2: There's no way to answer this question without much more information.

Re: Is cheating by phone and e-mail legally adultery?

Be VERY careful. First of all if your wife admitted adultery and then you forgave her or resumed sexual relations with her after learning about it you could lose your claim for a divorce based on adultery. Her continued contact, COULD rise to the level implying that she is starting the affair again, but I'd have to see the emails.

Fathers have every bit of rights as mothers do. We are no longer stuck in the dark ages where fathers don't have the same rights. However, a custody case is never easy and there are no guarantees. What the court looks to is what is in the best interest of the child. The court places heavy weight on who was the primary caretaker during the marriage. Do you bathe the children, feed them, engage and attend their activities, etc. How close are you to them and do you have witnesses that could tell the judge that the kids are better off with you? These are things that the court considers when determining custody.

I wish you the best of luck and I'm sorry you find yourself in this position. If you need further answers, please give me a call at 703-968-3974.