Can child custody be affected by dating prior to a divorce?

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Can child custody be affected by dating prior to a divorce?

No papers have been signed; husband doesn’t want a divorce but wife does. There are 2 children – 1 is thiers together; 1 belongs to just the wife. She has a male friend she has been visiting and is worried about the possibility of being labeled as an adulterer, and the possibility of losing theirdaughter to the husband during the divorce. She needs advice to find out the extent of what could happen under MS law. Should she speak with a divorce attorney? In Jackson, MS.

Asked on October 11, 2010 under Family Law, Mississippi

Answers:

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

Answered 10 years ago | Contributor

Yes, she should speak with a divorce attorney in her area for the specifics on the law.  Generally, she should not place herself or her children in the position of being seen as doing anything that would give anyone a reason to talk - and people will talk about the most innocent of situations - especially with the children around.  Adultery is a ground for divorce in Mississippi and if one of the spouses proves adultery in a divorce case the court then decides the issues of child custody and property distribution.  So you might want to consider to ask your friend to stay elsewhere.  And get some legal advise.  It is going to be a long haul here.  Good luck. 


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