I am pending a divorce. In the process my soon to be ex moved to NC from TN. I later relocated to Fl. We have a child together. While I was transitioning to Fl, I agreed for my ex to care for my child until I was settled IN Fl. I later found out after my son was there for over a month that he was living with a woman who moved from TN with him and her kids. We are still married and were married when he started this relationship. When I asked for my son back, he went to court and filed for custody. Due to the fact that my child was in school the judge would not give him back to me. He gave him temporary custody. I do not feel that this is right that the woman who is committing adultery with has full access to my child and I don’t. What are my options???
*not an attorney
Adultery is almost a non-issue in custody, its whatever is best for the child. As a criminal matter is pretty much never prosecuted and its OK for them to live together without sex. I think they are going to tell you to get a NC attorney and revisit custody after the school year ends.
I don’t know what you mean by “without sex.” It’s a given that they are having sex, they are living together in the same house, sleeping in the same bed. Please explain.
Move back to North Carolina, file a motion to modify custody, and sue her for alienation of affection and criminal conversation.
Please note that suing for Alientation of Affection and Criminal Conversation is not a walk in the park. It is one of the most expensive family tortes you can bring. It could very well cost you tens of thousands of dollars to sue for those two items alone (not including custody and divorce). It is highly unlikely you would receive compensation for them that would outweigh what you paid into it.