Thanks Erin, but if you could elabborate on my specific case I’d appreciate it (as I’m still confused)…
My spouse started dating my niece about 4-6 weeks AFTER he moved out of our home (after filing for separation). I have proof of them having sex (text messages, phone records, pic’s, etc), even when my 8 year old daughter is present (she’s also seen them in the same bed). They’ve had several “overnight” visits while my daughter was there as well.
I know that the new law for cc comes into effect on Oct 1st. Does that mean that I would need to file a cc lawsuit PRIOR to Oct 1st…or as long as I can prove they’ve had sex prior to Oct 1st, can the lawsuit be filed AFTER that deadline? And will any evidence I obtain after Oct 1st do any good to support my case – or will all evidence have to predate Oct 1st?
Oct 1st is just in 4 days, so I need to file ASAP before the deadline.
Also one other thing…the proof I have of them having sex and overnight visits WHILE my daughter is present, will the judge look at that at all in regards to determining who get’s custody of our child? If not, then what types of things do judges consider when determining custody? Would my niece’s foul language around my daughter and her attemps at turning her against her own mother be considered (trash talking me)? And would an 8 yr old be allowed to testify to this (behind judge’s chambers)?
Thanks so much for the wonderful service you’re providing on this forum.