Legal Question in Family Law in Virginia

non-married infidelity in child custody case

My ex and I were not married, we separated in mid may, and continued to live together until i found a place to stay, about a month after the split i started talking to another guy and started seeing him. I did this unbenownced to my ex to keep tension low, he found out by digging in the computers hard drive and finding emails that i sent. I never put my son in danger, only lied to him about the relationship. I have a protective order against my ex for assault (when he found this out) he was a good upstanding individual before this,but I know personally he has anger issues..........he has a lot of hard evidence about this so called ''infidelity'', (now that i painted that picture)

How substantial is this in our hearing? He cannot prove that i was a bad mother to Tyler only that i was dishonest with him....

I believe that i have a strong case in the sense of the assault, but every mother is concerned when someone is fighting for the custody of their child.

if you could give me your insight on the situation it would be greatly appreciated


Asked on 7/16/06, 2:21 pm

2 Answers from Attorneys
James Short Roy, Larsen, Romm & Lascara

Re: non-married infidelity in child custody case

In any custody case the Court makes its decision bases on the best interest of the child. Because you elected not to tell your ex-boyfriend about your new boyfriend should not effect your custody case unless somehow this new relationship has had a negative impact on your child. I would advise you to consult and experienced family law attorney so that he/she could evaluate your situation based on the pertinent facts.

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Answered on 7/17/06, 3:29 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: non-married infidelity in child custody case

Many more facts and information would be needed

in order to offer a reliable opinion as to the likely outcome of your custody matter, but the fact that you became romantically involved with another person after you separated from your "ex" should not be a significant factor for

a court to consider in attempting to determine what's in your child's best interests in regard to the custody issue.

You should, however, be represented by competent counsel to ensure to the extent possible that matters ultimately come out in your favor.

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Answered on 7/16/06, 4:11 pm


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