Re: Adultery/custody if separated

Can he threaten this? Certainly ... anyone can threaten anything. However, MD courts will not deprive a parent of custodial rights (sole, joint, or shared) simply because they have another relationship after separation. I would be discreet around the kids, however, as blatant sexual conduct in their presence could be a basis for giving him primary residential custody (as it shows lack of good judgment on your part) but the age of the children will also be a factor. There are 14 factors that the court analyzes in awarding custody. In addition, you already have grounds for divorce (vol. separation for over year) so it might make sense for you to file first, as the plaintiff, and if he wants to counter-sue for adultery, so be it. You will still have some advantage as the plaintiff and if there are no-fault grounds available, the court will encourage the parties to go forward on that basis. We can explain your options during an initial consultation. Please call to arrange an interview. We have four experienced attorneys to assist you.

Re: Adultery/custody if separated

Not likely. While you are still married and any sex with someone who is not your spouse is adultery, he would have to show that the children are being impacted in a negative way and, more importantly, that the best interests of the children would be served by granting him custody. If the children have primarily been in your care and custody since the separation and are doing well, he doesn't have much of an argument. The courts generally do not assign much weight to post-separation adultery.