Can I get a no-contact order to prevent my wife’s boyfriend from being around my minor child?

My wife moved out of the house and has begun a relationship with a new man. We have not filed for divorce or separation yet. Still working on it. Since this is adultery, can I prevent my wife from having our child around him?

Asked on September 9, 2011 under Family Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should speak with a family or divorce law attorney, about this matter, about getting divorced, and about custody.

For the present, you are unlikely to be able to get a no contact order unless you can show some physical, emotional, etc. hazard to your child. If your wife's companion is an alcohalic or uses drugs; if he has a history of violence or sex offenses; if he is inappropriate around you child (e.g. walks around undressed; your wife and he are inappropriately physically intimate in view of the child), then you may be able to get a protective or no-contact order. But without some risk or danger, very likely not--the law does not regulae adult behavior to that degree, or take away, without good reason, a parent's right to have associates of hers meet her child.

It is possible, however, that your wife's behavior may be factored in, if you and she divorce, to deciding on custody arrangements.


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