Legal Question in Family Law in Virginia

Re: custody rights for adultery

First let me say that I am sorry that you are going through such a difficult time.

Second, I need to tell you that should you decide to file for divorce based on adultery she could raise the defense of condonation should you forgive her and resume sexual relations with. So if you want to preserve the right to file for divorce based on adultery then do not forgive her and do not resume sexual relations. That being said your question was about custody of the children. It is impossible for me to provide you with an prediction because custody is based on so many factors and I would have to many more facts to give you an educated answer. How old are the children; is she a stay at home mom; what is your relationship like with the children; have you been actively involved in raising the children; would she provide a stable home evironment; does she frequently go out to bars or drink; does she have any other skeltons in her closet; do you have skeltons. I'm sorry that I have more questions than answers at this point, but feel free to call my office and I'll try to give you a better idea once I have answers to those questions and more.

My VA office is 703-968-3974. My MD office is 301-652-0663.

Re: custody rights for adultery

There's no question that you have rights, but are

you now prepared to assert them? It doesn't appear to me that you are, and that you really haven't thought through, carefully, what you really want to do.