Legal Question in Family Law in Virginia

My ex and I have been separated for more than 2 years and are just a few weeks away from our divorce being final. I am now in a relationship with someone that is also going through a divorce. The catch is that he happens to work with my ex (albeit in a very large office with thousands of people). They almost never have occasion to see each other at work. My ex feels that I purposely embarrassed him by choosing to become involved with someone that he works with. That is not the case. This man is someone that I have known for 17 years, but we have come into contact with each other again over the last year and a half. My ex has now told me that I'm not to have my son (14 yrs old) around the man I'm seeing under any circumstances, even though my son has known him as well since he was born. He is threatening to try to take custody even though we currently have a signed agreement that says we share joint legal custody. There is no behavior going on that would have a negative impact on my son. I do not have sexual relations with him with my son around. I have tried to reason with him about this and make him understand the wedge it will drive between him and my son, my ex and me, and that it will cause more problems. He said "do what you have to do, and I will do what I have to do." Does my ex have grounds to try to take custody from me?


Asked on 10/08/09, 3:50 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, I doubt that he could upset your custody agreement, but it would seem that he could certainly charge you with the fault ground for divorce recognized under Virginia law known as adultery(and very likely prove it). See Va. Code Sec. 20-91.

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Answered on 10/14/09, 2:14 pm


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