Restrictions Could Depend on Your Ex’s New Partner
Video Transcribed: Is adultery a reason to restrict or deny visitation to the other parent? My name is Brian L. Jackson. I am a Tulsa dad’s rights attorney here with Dads.Law where fathers are not disposable.
I want to talk about adultery and child custody or visitation. The short answer to that first question is, generally it is not especially relevant to who gets the kids and who gets visitation, and what kind of an arrangement you have. The court will always consider anything that has some bearing on best interests, but the fact of the matter is, in the modern context, adultery is not usually a reason for a court to deny custody, deny visitation.
Now, there are some exceptions. One major exception is if the paramour… That is the person that your partner, your ex is with. If the paramour is somebody unsuitable. For example, if they have a criminal record, especially felonies or something involving some kind of a history of domestic violence, anything involving drugs, anything involving serious mental health concerns, child abuse history, or child welfare history. Any of that kind of stuff is a different situation. And if that person’s going to be in a scenario where they are having any interaction with the kids, then absolutely the court will consider that and it will be weighed into whatever the court does with custody and visitation.
Mere unfaithfulness is typically not a serious consideration. It is a strike against the party who engaged in it. And that’s a hard thing to swallow and I understand that. But this is, unfortunately, the way modern jurisprudence works. It is that as a general rule, her unfaithfulness is not going to seriously impact her ability to have custody or visitation. And no, you can’t withhold visitation from her just because she found a new guy, not unless there’s something specific about him that you can point to in court and say he’s unsuitable for these reasons.
Now, if you have questions about that or you need help from an Oklahoma child visitation lawyer with any other legal issue, I would encourage you guys to come to Dads.Law where fathers are not disposable.