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re: lawyers of the OT...dating and divorce

Posted on 1/20/15 at 8:46 am to
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
87383 posts
Posted on 1/20/15 at 8:46 am to
quote:

Yeah one kid



Just try and think of your friend's child as you proceed through the divorce. Best to keep everything on the up until it's final. You know, for the sake of your friend's one kid.
Posted by sharkfhin
Water
Member since Sep 2008
6317 posts
Posted on 1/20/15 at 8:47 am to
Why would a judge be upset toward someone who is seeing a new woman, after he has filed and is not bringing said woman around his kid? I mean is it against the law or not?....the guy seeing a new woman will not affect the kid if he isnt seeing her during his custodial times...doesnt make sense
Posted by chilge1
Baton Rouge
Member since Jan 2009
12139 posts
Posted on 1/20/15 at 9:02 am to
quote:

I mean is it against the law or not?


It's not against the law, but it's stupid.

He's free to do whatever he wants so long as he is prepared to suffer the consequences of his actions. A good father would value the impressions of his child during an already traumatic time rather than his own flights of fancy. A judge will take notice of this when assigning visitation.

quote:

.the guy seeing a new woman will not affect the kid if he isnt seeing her during his custodial times...doesnt make sense


Speaking as someone whose parents divorced when he was 6, I can tell you this isn't the case.
Posted by Gulf Coast Tiger
Ms Gulf Coast
Member since Jan 2004
21250 posts
Posted on 1/20/15 at 9:04 am to
quote:

When a man, for example, has filed for divorce but not divorced yet in louisiana, can he begin to see other women or date another woman during his none custodial days?


Only if you were dating here before you split up with your wife
Posted by sharkfhin
Water
Member since Sep 2008
6317 posts
Posted on 1/20/15 at 9:07 am to
Was told that seeing other people doesnt affect custody, only alimony
Posted by sharkfhin
Water
Member since Sep 2008
6317 posts
Posted on 1/20/15 at 9:09 am to
He isn't seeing anyone to my knowledge, I was just trying to prove a point to him...in the event he starts to...
Posted by biglego
San Francisco
Member since Nov 2007
84758 posts
Posted on 1/20/15 at 9:11 am to
Yes he can date anytime he wants. Louisisna doesn't abide Sharia law. Yet.
Posted by chilge1
Baton Rouge
Member since Jan 2009
12139 posts
Posted on 1/20/15 at 9:15 am to
quote:

Was told that seeing other people doesnt affect custody, only alimony


I wouldn't know if that's the case or not, my experience is with Missouri law and up here, that's the way it works. Unfortunately I can't offer further insight with that, but you probably realized that the O-T is not a legitimate source of legal advice.

To put it bluntly, seeing another woman cannot possibly be a benefit, and likely will harm the divorce proceedings, the father-child relationship, the spousal relationship, and quite possibly the relationship with the new woman.

Unless the woman in question is Selma Hayek, the potential for reward involved is certainly not worth the potential for harm.

That's the best I can offer. It's neither illegal nor ethical.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 1/20/15 at 9:20 am to
quote:

Why would a judge be upset toward someone who is seeing a new woman, after he has filed and is not bringing said woman around his kid? I mean is it against the law or not?....the guy seeing a new woman will not affect the kid if he isnt seeing her during his custodial times...doesnt make sense


Then tell him to go ahead and knock it out.....but don't complain when the Ex claims he is out whoring around and custody of the kid should be very restrictive.

Posted by chilge1
Baton Rouge
Member since Jan 2009
12139 posts
Posted on 1/20/15 at 9:33 am to
Just going to leave this here and hope your friend makes the right decision.

quote:

The court shall consider all relevant factors in determining the best interest of the child. Such factors may include:
(1) The love, affection, and other emotional ties between each party and the child.
(2) The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.
(3) The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
(4) The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.
(5) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(6) The moral fitness of each party, insofar as it affects the welfare of the child.
(7) The mental and physical health of each party.
(8) The home, school, and community history of the child.
(9) The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
(10) The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
(11) The distance between the respective residences of the parties.
(12) The responsibility for the care and rearing of the child previously exercised by each party. Acts 1988, No. 817, §2, eff. July 18, 1988; Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 1993, No. 261, §1, eff. Jan. 1, 1994.


Article 134
Posted by samson73103
Krypton
Member since Nov 2008
9307 posts
Posted on 1/20/15 at 9:36 am to
I'm not a lawyer but have been thru a divorce and discussed this with my attorney. In my case, the ex wife is the one who filed and we had 50/50 custody until our divorce hearing, which came 9 months after we split. At the time, a couple had to live apart 6 months before divorce was final. What my attorney told me was to not bring another woman around my kids under any circumstances but that I could not be held legally responsible for adultery after papers were filed by the ex seeking divorce. My kids were young at the time so it wasn't hard to keep them away from anyone I was romantically involved with. And I kept things on the DL so the ex never even knew if I was seeing anyone. The only risk would be an ultra conservative judge who would hold you morally responsible because in the eyes of God, you are still married until the divorce is final. It all worked out well for me though because my ex was such a psychotic bitch that she kept the judge pissed off at her. The biggest thing to consider is the welfare of the kids. Don't be bringing a bunch of women (or even one woman) around them while they're going thru an emotionally trying time. It will confuse them and could breed resentment.
Posted by sharkfhin
Water
Member since Sep 2008
6317 posts
Posted on 1/20/15 at 9:45 am to
In pretty sure he is heeding that advice...he loves his kid and would never risk it...like I mentioned he doesn't bring women around the kid...I have heard from others that he cant be held liable after he has filed and heard he can....I have heard from attorneys I know, one saying its okay as long as the new woman isn't around the kid until divorce is final and also told he could be held liable....odd on how attorneys have differing opinions...
This post was edited on 1/20/15 at 9:47 am
Posted by biglego
San Francisco
Member since Nov 2007
84758 posts
Posted on 1/20/15 at 9:48 am to
Yeah he's better off gettin a prostitute for an evening than having some strange woman hanging around the house all day.
Posted by The Sad Banana
The gate is narrow.
Member since Jul 2008
89507 posts
Posted on 1/20/15 at 9:51 am to
quote:

The biggest thing to consider is the welfare of the kids. Don't be bringing a bunch of women (or even one woman) around them while they're going thru an emotionally trying time. It will confuse them and could breed resentment.
+1
Posted by chilge1
Baton Rouge
Member since Jan 2009
12139 posts
Posted on 1/20/15 at 9:53 am to
quote:

odd on how attorneys have differing opinions...


Not that odd. Hell, Judges have differing opinions. That's why appeals happen.

Glad he's making the right decision for himself and his child. Not considering the effect on the child, he'll be happier in a new relationship without the pending divorce hanging over his head.
Posted by oldcharlie8
Baton Rouge
Member since Dec 2012
7856 posts
Posted on 1/20/15 at 9:53 am to
quote:

When a man, for example, has filed for divorce but not divorced yet in louisiana, can he begin to see other women or date another woman during his none custodial days?


yes. you can start dating when you or your ex files.
Posted by bobaftt1212
Hills of TN
Member since Mar 2013
1395 posts
Posted on 1/20/15 at 2:56 pm to
No chance for reconciliation? Maybe if he puts the effort into pursuing his soon to be ex wife he can save it?
Posted by Overbrook
Member since May 2013
6407 posts
Posted on 1/20/15 at 3:48 pm to
Yes unless he wants to collect alimony.

That said if he's worried about adverse pub he shouldn't because that's often used in settlement negotiations against him
Posted by 777Tiger
Member since Mar 2011
92327 posts
Posted on 1/20/15 at 4:23 pm to
quote:

That said if he's worried about adverse pub he shouldn't because that's often used in settlement negotiations against him


really doesn't factor in, in "no fault," (bullshite term if I've ever heard one,) none of that shite matters, the court is biased in favor of the one possessing a vag, but getting laid not only helps clear a man's head(s), but helps him start moving forward, Lord knows the about to be ex has turned into the village bicycle by this point, just be cool around the kids with it, but you don't necessarily have to hide it, just don't flaunt it
Posted by 777Tiger
Member since Mar 2011
92327 posts
Posted on 1/20/15 at 4:28 pm to
the court doesn't give near as much shite about the children as everyone thinks, unless the judge has a JA leaning on them
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