What are my rights to child custody if my wife is having an affair? - Child Custody Law Questions and Answers- LawQA.com

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What are my rights to child custody if my wife is having an affair?

My wife is having an affair and left to be with her new man and keep my son with me. What are my rights? She wants to take him Monday for the day but I’m afraid that she will not bring him back.

Gregory T. Buckley, Attorney at Law
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You both have rights to your child. If you are filing for divorce, the court will definitely take into account her affair when trying to determine her moral fitness.

Answer Applies to: Florida
Replied: 7/11/2011

Seattle Divorce Services
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Under Washington law is up to the court to determine what time the child should spend with each parent. Until there are court orders in place neither parents has more rights that supercede the other's. To establish a residential schedule for your child, you may need to file a divorce action and then ask for a temporary parenting plan. Often the court will keep the child's primary residence with the parent the child is living with at the time.

Answer Applies to: Washington
Replied: 7/7/2011

Michael Anthony Wing, P.C.
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Either salvage your marriage for the benefit of your child or file immediately for divorce for abandonment and adultery. Ask for an emergency Pershing that prevents her from having the child overnight in an unfit moral environment. Stay well.

Answer Applies to: Alabama
Replied: 7/5/2011

Warner Center Law Offices of Donald F. Conviser
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The affair does not deprive your wife of her parental rights. If you want custody of your son, file a divorce case and seek his custody in an Order to Show Cause. If you deprive your wife of her relationship with your son, that might backfire on you, because she is entitled to frequent and continuing contact with your son. If she refuses to return your son to you, waste no time in finding an experienced Family Law Attorney to file your divorce case and prepare an OSC on your behalf.

Answer Applies to: California
Replied: 7/5/2011

Vincent J. Bernabei LLC
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You should get a written agreement that she will return the child. If she has been gone more than 90 days, and she tries to keep your son, you can get a court order requiring him to be returned to you.

Answer Applies to: Oregon
Replied: 7/5/2011

Pontrello Law
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Affairs do not affect custody unless the children are in jeopardy.

Answer Applies to: Florida
Replied: 7/5/2011

Answer By John Kirchner
John E. Kirchner, Attorney at Law
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Your rights are exactly the same as if she were not having an affair. That is, if and when a divorce case is filed, a parenting plan designed solely to promote the children's best interest will be developed either by you and your wife or by a judge if you cannot agree. Your wife's affair is legally irrelevant. Until there is a court order establishing a Parenting Plan, each parent has the same, unidentified rights.

Answer Applies to: Colorado
Replied: 7/3/2011

Answer By Joanna Mitchell
Joanna Mitchell & Associates, P.A.
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Right now, you both have equal rights to your son. You need to not deny her contact. On the other hand, right now, nothing requires her to bring the child back. My suggestion is to get something in writing, like a temporary timesharing agreement, that states who will have what time with the child at least until you decide the matter more permanently in a divorce proceeding. That way, if she refuses to give the child back, then you have some sort of evidence that will assist you in a later custody proceeding. Please note though that her affair will have little to no impact on any custody proceeding, as Florida is a no fault state. You should probably consult with an attorney to assist you in protecting you and your child's rights.

Answer Applies to: Florida
Replied: 7/3/2011

Answer By Jay W. Neff
Law Office of Michael W. Bugni
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The mere fact that one parent is having an affair will generally have little, if any, affect upon how the court deals with the parenting plan and visitation. Further, until a court makes a ruling on the issues relating to parenting plan and custody, the two of you both have similar rights in the child. You are right, however, that once the mother has possession of the child, there is nothing that requires her to give the child back to you until the court issues and order or parenting plan. Therefore, depending on your situation, it might make sense for you to hire an attorney and have appropriate court orders entered at your earliest opportunity.

Answer Applies to: Washington
Replied: 7/2/2011

Answer By Jac E. Knust
The Collaborative Law Group
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It is suggested that you reach a written agreement concerning when the child will be with each parent. That Agreement should be incorporated into a court Order, so that you can enforce what has been agreed to in the event the other parent chooses not to follow the Agreement.

Answer Applies to: Maryland
Replied: 7/1/2011

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