Dating questions

I was dating a co-worker prior to my separation. My ex filed an alienation of affection claim & criminal conversation suit against him.

I have 7 years of dated letters in which I wrote to my ex during our 9 years of marriage concerning our numerous problems. They clearly prove that our marriage was anything but happy (drugs, lies, manipulation, child favoritism, etc).

After we separated, my ex started OPENLY dating my niece…having overnights with her (while our daughter was present)…and just this past weekend, my daughter slept in the SAME bed with them! I have tons of text messages & information off of my daughter’s computer proving their sexual relationship. This information was all obtained legally. He also does not provide a stable environment because his girlfriend lives 1.5 hours from here, and he travels back & forth constantly to see her (with my daughter).

My ex has nothing to prove that I have had sex with my co-worker. I have never had him to stay overnight nor has my daughter even been around him.

What’s the chances of my ex proving A of A and cc?

I want to start inviting my co-worker over for dinner (but no overnights) occasionally while my daughter is present, but was wondering how this could affect the claims my ex already has against him? All alimony/spousal support has been waived in a prenup we had prior to marriage. So I guess the only thing left is how will it affect custody…and how it may strengthen his lawsuit claims.

The jury will decide if your paramour alienated your affections, though from the problems going in your marriage an alienation case will likely be difficult to win. Criminal conversation requires clear and convincing proof of a sexual relationship, which it sounds like he does not have.

Your post separation behavior can only be used to bolster the claim that you had a relationship prior to separation. With respect to custody, while dating can be a factor affecting the child’s best interests, it seems to me that you are both on a level field.