Is my wife who has left me and living with another man allowed to take our son to his house when she has him?

UPDATED: Aug 30, 2011

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Is my wife who has left me and living with another man allowed to take our son to his house when she has him?

We are not divorced yet, as a matter of fact no papers of any kind have been filed with anyone. It is a sexual relationship.

Asked on August 30, 2011 Georgia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Here is the issue. You have not yet filed for divorce and therefore, you each are the custodial parents by law and you cannot dictate to her just yet what she can do and what she is prohibited from doing regarding your son, who I assume is a minor. You should immediately decide if you plan on divorcing or at least legally separating. If you are legally separated, you can talk to a lawyer about a separation agreement and interim custody, visitation and support agreement regarding your child. You can inform the court you do not wish him to be around this man and that you may want to talk to your lawyer about a temporary restraining order or condition regarding custody, if you feel this man poses a danger to your child. The same issues will arise during the divorce proceedings, so be prepared now to minimize the harm to your child and make the custodial changes a smoother transition.

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