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

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.

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Attorney answers 3

Posted

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 creates an attorney-client relationship.

Asker

Posted

Yes and Thank you. Was trying to make a question and statement without using the pronoun he/she. If my spouse committed adultery with another married party. Can your child or the other parties spouse be used as evidence for divorce on the grounds of adultery? With said child witnessing statements prior to spouse leaving their house. Leaving the spouse with the children, mortgage and household bills? And the other spouse having written conversation between the adultery spouses that they committed the act?

Kathryn Mary Holton

Kathryn Mary Holton

Posted

Oh I see yes, any and all of that evidence may be admissible in a fault divorce in consideration of property division and custody. You should hire a family Attorney ASAP to preserve your assets.

Asker

Posted

Thank you. Unfortunately I was unable to save the mortgage on my own and there was no help on it from outside sources or spouse. Other bills that were needed to move out, were kept current and or caught up without outside help even with other spouses name attached to them. House has foreclosed and goes up for sale next week. I have moved into another residence with children. Spouse never returned for any property from house. What would be any other "assets"? I filed custody at courts. Mediation was accomplished, joint legal custody was established with primary residence with me. I have no intent on "revenge" purposes but on whats supposed to be "right". The scare is hiring a Family Attorney knowing it would put me further into debt, something I don't want or can afford. Is there other alternatives that can be accomplished on my own?

Posted

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: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin<br> Bodzin Donnelly Mockrin & Slavin, LLP<br> 2029 SE Jefferson Street, Suite 101, Milwaukie, OR 97222<br> <br> Telephone: 503-227-0965<br> Facsimile: 503-345-0926<br> Email: jay@bodzindonnelly.com<br> Online: www.bodzindonnelly.com

Posted

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 information you receive as either a binding legal opinion in your case, nor presume that I am your counsel because I've answered a question you had. Any legal representation is accomplished by written contract ONLY, signed by each of us.

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