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Dating While Separated with Children

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  • 12-03-2011, 08:25 PM
    gapi
    Dating While Separated with Children In GA
    My question involves a marriage in the state of: GA

    The scenario is the father is separated under protest and is out of the home. The Mother has the two young children.

    The Mother is seeing a married man who is cheating, not separated, and is bringing him into the home when the children are present.
    So far we know the married man has been in the home when the children were awake but he does regularly visit when they are sleeping and departing the home around 3AM.
    She also spends hours at a time with him in his apartment. He works out of town away from his wife and keeps the apartment.

    The father does not or perhaps did not want the divorce at first and reluctantly moved out of the home. He wants custody of the children.

    The question is, is she increasing his chances of winning custody with her relationship habits with the married man?

    Thank You
  • 12-03-2011, 08:36 PM
    Dogmatique
    Re: Dating While Separated with Children In GA
    Who was the primary caregiver to the children? (This is infinitely more important than who Mom is sleeping with).

    I don't mean financially - I mean who took/takes care of them on a day to day basis.
  • 12-03-2011, 08:43 PM
    gapi
    Re: Dating While Separated with Children In GA
    Both are very care giving parents and both work, and shared in all family aspects. The divorce is going to be a long roe to hoe in the custody category.

    I know in my GA divorce there was a stipulation for no dates or non spousal types at the home after 10PM. It was standard because I had no idea and reading it surprised me.

    But in this case we are wondering about while separated, and in the presents of the children, and about the seeing a married man part also.

    Thanks
  • 12-03-2011, 08:52 PM
    Dogmatique
    Re: Dating While Separated with Children In GA
    That's no longer standard - if it ever was. A no paramour clause can be added, but this generally lasts only as long as the divorce. Once the divorce is finalized it is very, very, very unlikely to be ordered. It is far too restrictive and seriously, when you think about it, almost ridiculous - what happens after 10pm that can't happen before? It's okay for the kids to be exposed to a new guy every night as long as he leaves before 10? :)

    Dad can request temporary orders and request such a no paramour clause. The other guy's marital status is irrelevant.
  • 12-03-2011, 09:12 PM
    gapi
    Re: Dating While Separated with Children In GA
    OK, Thanks,
  • 12-05-2011, 08:31 AM
    FamilyLawJax
    Re: Dating While Separated with Children In GA
    I have a slightly different take on the situation. If they are getting divorced in one of Georgia's bigger cities - Atlanta, Macon, Savannah - then what the mother is doing will probably not make much difference. However, if this case will be argued before a judge in a small county, then I think the Wife's actions might hurt her case. Judges will reflect the sensibilities of their communities (since they are elected). A small county judge might not think its in the best interest of the children that the mother is having a married overnight guest. They may even go so far as to say that her choice of guest reflects poorly on her character. If both parents are relatively equal in the courts eyes, the existence of her "house guest" will not help her case in rural Georgia. I know it sounds a little crazy, but I've seen it happen in rural Georgia.
  • 12-05-2011, 08:35 AM
    gapi
    Re: Dating While Separated with Children In GA
    Thanks,

    Its a large county. They are however doing their best to hide it. The married male is only married to his spouse to get a green card. If she nails him he will be deported. He has been arriving after the children are asleep and departing at 2AM.

    Question, is a single kiss on the lips enough to prove an affair?

    Thansk
  • 12-05-2011, 03:28 PM
    Dogmatique
    Re: Dating While Separated with Children In GA
    Not even close.

    (For what it's worth, a divorce does NOT automatically equate to deportation.....just so you know)
  • 12-05-2011, 04:06 PM
    gapi
    Re: Dating While Separated with Children In GA
    Quote:

    Quoting Dogmatique
    View Post
    Not even close.

    (For what it's worth, a divorce does NOT automatically equate to deportation.....just so you know)

    I hear you. But when it is determined the marriage was just to get in it does.

    Thanks
  • 12-05-2011, 04:19 PM
    Dogmatique
    Re: Dating While Separated with Children In GA
    I don't want to hijack the point, but really - the vast majority of people don't understand how incredibly difficult it is to prove marital fraud. Having an affair does not prove it, for example. And if he's been married for more than a couple of years, it becomes nigh on impossible unless the wife literally has a notarized confession stating that the sole purpose of marrying her was to obtain immigration benefits.

    But, we seem to have answered your question - did you have any others? :)
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