Is it illegal for a married women to be living with a different man when children are involved?

Asked on January 9, 2013 under Family Law, Arkansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the laws of all states nowdays it is not illegal per se in any state in this country for a married woman to be residing with a different man when minor children are involved in the equation. However, when it comes to discretionary awards of time for child custody, a judge may take such an arrangement into his or her consideration.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It is not per se illegal.  However, if the man was to file for divorce, the fact that the wife has  committed adultery and has exposed the child to the act (with apparent little remorse), is a circumstance that the husband could utilize to get custody of the children.  If the husband cannot get custody, he would still have a basis for asking the court to restrict her living arrangements such that she could not have overnight, male guests while the kids were in her possession.

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