Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

CHILD CUSTODY & CHILD SUPPORT

Question #33:


Question:


I have been married for 8 years. My wife and I have a baby that turned one in August of this year. On July 4, 2004, I was asked to leave the martial residence and reside in our summer home. There was never an attempt to work things out or reconcile our marriage. Divorce is/was inevitable. My wife currently does not work, based on both of our decisions after the birth of our child. In the meantime I have fell in love with my best friend which has unfortunately made its way around the whole town. We have never been seen in public as affectionate but do spend plenty of time with each other. I go home at least once or twice a day to spend time with my child and have done so ever since July 4, 2004. Since the news of my affair has made its way to my wife, she has now threatened to never let me see my daughter again. I would like to know what my rights are, if in fact she can prove adultery. Does she have the right to never let me see my child, does she have the right to tell me who is allowed to be around my child and who is not? And is child/spousal support more based on a divorce by adultery? Thank you for your anticipated response in this regard.


Answer:



Answer:


The affair with your best friend may affect the court's decision regarding child custody, but it should not effect either the amount of child support or spousal support that you'll have to provide to your wife upon divorce.


With regard to child visitation, unless there is some other reason such as physical abuse or socially unacceptable behavior, the court will not permit your wife to refuse to allow you visitation with your child.


If you're living in the New York City metropolitan area, I strongly suggest you call me at 212-370-1660 to arrange for an appointment. It will be less costly, less emotionally traumatic, and faster than a litigated divorce.


Leonard M. Weiner, Esq./Divorce Solutions
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