Legal Question in Family Law in Maryland
Divorce, custody infedelity and drugs
I moved out of our fam home hse after 7 yrs of marriage. 1 son from prior 1 frm the marriage. It was hell domestic violenc, and drug abuse on the part of my husband. I left because he treated my oldest very bad and was always arguing and smoking weed. He did not even want ti be intimate with me..The problem is however, that i hv since become involved with someone else..will this hvany impact on child custody? and can they get me on dessertion...i hv proof that he was arrested 3 times twice for drugs and once for 2nd degree assault when he broke my arm...the cops had to come to our hse a sec. time when he backed me up into the wall with my infant son..no arrest was made that time..I am really scared to loose my son to him..his family has history of drug use and being estranged from eachother. while my family is very close. my son is close to my parents and all his cousins
1 Answer from Attorneys
Re: Divorce, custody infedelity and drugs
If you're still married, then any intimate relationship with another person would be considered adultery. Your husband could file a complaint for absolute divorce citing this, assuming he knows and could prove it. Courts determine custody matters based on a variety of factors, including the circumstances that lead to the separation or ultimate divorce. Adultery is one factor but not determinative. That is, committing adultery is not a bar to obtaining custody.
Under the circumstances, it seems like you did the right thing. I can't imagine a court leaving custody in the hands of a drug abuser with a history of domestic violence.
You yourself could file for absolute divorce now on a theory of cruelty of treatment or excessively vicious conduct, or failing that, a limited divorce based on those grounds or voluntary separation. You could file a request a pendente lite custody and support order to at least temporarily resolve those issues.
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