What are my custody options if my husband has a sex addiction?

My husband and I married in a ceremony 4 months ago. The license was not valid so we married again last month. Since then I have found evidence of infidelity on his part (non-physical) and evidence of a sexual addiction. I am 8 weeks pregnant. What are my options as far as custody of our child. I also would like to keep my wedding ring. Is that possible?

Asked on October 16, 2011 under Family Law, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay so you have a lot of things going on here so let's start with the last question asked.  The wedding ring/engagement ring is generally thought to be a gift from one party to the other.  Some states view it as a conditional gift, conditioned on the parties getting married.  So this comes up as an issue when there is a broken engagement.  But you got married.  Twice.  So I would err on the side of keeping it.  Next, as for custody of the unborn child, the general rule there is that courts award custody "in the best interests of the child."   You are claiming here that you husband is an addict in some form or another.  That would have to be addressed in a custody hearing and made part of the record and part of your argument as to what you think is the best custody. And that need to be discussed with your lawyer.  Good luck.


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