My son separated from his wife in May and is seeing another woman, I told him he is committing adultry and he said he isn’t. I am just sick over this. He is going for split custody of 12, 4, and unborn child due in Oct. can he move out of state with his girlfriend and still get split custody!
As to your son committing adultery, Wisconsin does not enforce adultery laws. So do not worry about him being charged with a crime.
As to custody and placement, how he handles the new relationship in regards to his minor children might become a factor. Many courts do not like that a parent introduces a new person into the child's life soon after the parents split up. Also is the new person someone who will be good with and for the kids. Those are legitimate questions that will be explored.
Regarding his getting split custody if he moves out of state with the new person, i assume you meant shared placement. I am not sure how shared placement would work it he leaves the state. So the question will be in the best interest of the children, which parent should get primary placement. He might well have a difficult time showing he is the best parent in this situation but that is something he needs to discuss with his attorney right away.
You are considered married to the day you get divorced. From a technical religious or ethical view, the answer to your question is yes; having a sexual relationship with someone other than your spouse is adulterous. It is commonplace in today’s society and a chief reason why so many people wind up getting a divorce.
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