Can dating while separated hurt my current custody agreement?

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Question:

Can dating while separated hurt my current custody agreement?

Answer:

While going through a divorce, which can take some time before it becomes final, there are things an individual can do, even if he/she is legally separated, that can affect the potential custody outcome once the divorce finalizes. Some wonder: can dating while seperated hurt my custody outcome? 

To begin with, you are free to socialize with whomever you please. However, having stated that, remember that in the eyes of the law, you are married until the final decree of divorce is entered. In many states, adultery is still a misdemeanor and in acrimonious divorce proceedings something like this might come up in an attempt to alter custody arrangements. Though the law may claim that adultery makes no difference when making these kinds of decisions, don't underestimate the discretion a judge can exercise in custody awarding, and for that matter, visitation restrictions. Where some judges may not be offended by your having a relationship (legally, adultery) prior to the divorce, other judges may find your relationship an adulterous affair (perhaps tie it into reasons for the divorce) and deny or seriously bias your custody settlement.

Another thing that some judges could take under advisement is the fact that by dating someone at this point in the divorce you are making your children part of a new relationship. Most of these pre-divorce relationships do not succeed, meaning that you are setting your child up for another loss, in addition to the one they are facing with the divorce. This could also prejudice the judge's final custody decision

Finally, consider how the court could deviate from guidelines in how they determine appropriate amounts of child support to award. If you are living with another person sharing expenses, the fixed expenses of the child could be reduced from the child care payment since some of these expenses (electricity, housing, utilities, etc.) are being met by another person.

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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