Is it legal for an adultery spouse to have that person around a child especially of the opposite sex to the child?

Asked 11 months ago - Virginia Beach, VA

Proof the spouse committed adultery is with the other parties spouse, and own child witnessing other parties spouse coming to residence with proof. Proof that the person is around child, is with child making statement that they are, and also ex-spouse confirming that they are and don't care if you know.

Attorney answers (3)

  1. Susan Leslie Fraser


    Contributor Level 14


    Lawyers agree

    Answered . You are making a number of assumptions in your question that involve particularly complex issues of admissibility of evidence. If this is correct, your statement really is that your spouse, whom you alleged to be an adulterer, is having his/her lover staying around your child. The child, depending on a number of factors, may or may not be a competent witness as to the other parent's adultery. If the child has witnessed actual sexual activity between the allegedly-adulterous parent and the paramour, then you should be calling Child Protective Services. If the child has simply witnesses the alleged paramour being around the house, that is NOT proof of adultery. You cannot do this case on your own, but must have an attorney to help you because there are issues of proof that you must satisfy. IF you are able to do so, you should ask for a guardian ad litem to be appointed for your child's interests, who will report to the Court what is going on. However, if your spouse is already represented by counsel, and you are as well, you may not be able to obtain the appointment of a guardian ad litem for the child.

    Legal issues often depend on the specific facts in any given case or situation. Please do NOT utilize the... more
  2. Jay Bodzin

    Contributor Level 20


    Lawyers agree

    Answered . There seems to be some confusion here - you seem to say that this person is your spouse; but you also call them your "ex-spouse." (Unless I misunderstand, and the ex-spouse is a different person?) In any case, if your child's co-parent is no longer married to you, then they're not committing adultery. They may have done so in the past, but if you're not married now, it's not adultery now. In any case, there's no particular legal category called an "adultery spouse."

    Regardless: No law prohibits a parent from having any particular person around their child, unless that person is subject to specific legal restrictions (i.e., if they're a registered sex offender or otherwise subject to some parole or probation term that prohibits such contact), or there's a particular term in a custody judgment. When parents share custody of their children, that usually means that a co-parent will expose the child to their new partner, and courts are unlikely to interfere with that without a showing that the said new partner presents a serious risk to the child in some substantive way.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  3. Kathryn Mary Holton

    Contributor Level 18


    Lawyers agree

    Answered . Your question makes no sense. Are you asking if its legal to have your spouses's person he cheated with around your child because he knows about it. The answer is yes any spouse can have their child around the person they cheated with unless there is a Court order preventing them. While it may be immmoral or upsetting to the child its not illegal.

    Providing general answers are meant to help the poster to understand some complex legal concepts and in no way... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Adultery: When Your Spouse is Unfaithful

Adultery is when one or more parties involved in sexual relations are married, but not to each other. It is a leading cause of divorce.

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