Adultery in Maryland and Child Custody Montgomery Lawyer

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What is adultery in Maryland?

Adultery is the act of a married person having sexual intercourse with another person other than his wife ( cheating on your wife/husband ). The action of having intercourse with the other person must be voluntary for it to be considered as adultery. This also does not include oral sex. Adultery is one of the main reasons for absolute and immediate divorce.

Adultery and the custody of children in Maryland:

Having proof that your spouse has committed adultery and was cheating on you certainly lessens him as an ideal husband/wife. However, this does not say anything about their ability as a parent and it does not affect their chance of gaining child custody. As long as your spouse does not affect or put in danger the child when committing adultery, the court cannot take away custody rights based on such evidence. In addition, proving to the court that your spouse has committed adultery does not affect the amount of child support you receive.

Proving Adultery in Maryland

Just found out your spouse was cheating on you? Demand an immediate divorce? Well, it might not be as easy as you think. When filing for a divorce on the grounds that your spouse has committed adultery, you need to prove it to the court. Before going face to face with your spouse and confronting them about cheating on you, you must try and collect as much evidence as you can of them committing adultery. You can use the aid of a “divorce” attorney. With more evidence, you can get your divorce much easier without the hassle of it all and the mandatory separation period required by the court. The best way to find evidence is by checking your spouse’s computer and cell phone. Electronic devices usually contain a lot of evidence that your spouse is never really careful with and always forget to delete. Such evidence is intimate text messages, videos, pictures and etc. However you must also be very careful when handing in proof to the court about your spouse committing adultery. One of the first questions they will ask of you is “where did u get this proof from?”

In Maryland, it is considered a felony going through the emails and privacy of others. Thus if the judge knew that you had to go snooping in the wrong place to get your evidence then you might get yourself in some trouble!

What is child custody?

Child custody is one of the parents taking the responsibility of a child when the couple decides to split up or divorce.

There are two types of child custody:

legal custody and physical custody.

  • Legal custody is having the right to take important life decisions about your child such as religion, education, health and etc.
  • Physical custody is when the parent lives with the child and is responsible for their every day to day needs such as food, sleep, homework and etc.

Custody can be sole or joint.

  • Joint custody is when it is shared between both parents and they both have rights of being responsible about matters regarding the child.
  • Sole custody is when only one parent has the right of taking care of the child both physically and legally.

If you need a Maryland child custody lawyer to help you with your child custody case in Maryland, call us at 888-437-7747. Our Maryland child custody attorneys can help you.

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