I was recently served divorce papers by my wife.
We haven’t yet gone to our first mediation, and for the past four weeks, my five-year-old son has told me about how he’s visited her new boyfriend at his apartment, at my old house, at an amusement park and more.
Will she face any legal ramifications for doing this, especially before mediation?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
Every jurisdiction has different rules, both state and local, that may address subjecting a child to one party’s paramour, specifically during the divorce process. It may be imperative that, if custody or parenting time is an issue, that you work with your counsel to address this issue with the judge.
The court could order a custodial evaluation or appoint a guardian ad litem for the child if the court believes that an expert needs to be involved to evaluate the mental health of the child.
It is also possible that the court may not appoint an evaluator or a guardian ad litem, but may lay down strict rules to both parties about what they may or may not subject the child to.
I was involved in a case where a judge famously told a party that “you have to clean up the kitchen after breakfast before you start to make lunch,” when dealing with a similar issue.
I would recommend that you talk to an attorney in your jurisdiction to get an idea of what a judge may do in your case and what your options are going forward.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.