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Question:
I decided to end my marriage after an argument with my wife. She was devastated and was asking me to rethink my decision, but my mind was set. By the end of the week she had already joined a dating website, that I have already confirmed and she has openly talked about. Her actions confirmed that my decision to end our marriage was the right decision. We have a 18 month year old son. How do I go about using this information in court? My main concern is the well being of my son, and I feel that she isn’t mature enough to handle the responsibilities of being a mother due to her actions.
Answer:
I would suggest that you start by consulting with an experienced family law attorney before you discuss the matter further with her. Arizona is a basically “no-fault” state, so even if she starts actually dating, it would not be relevant. Further, you told her that the relationship was over, and then after that, she starts acting like the relationship has ended. If you try to user this behavior as a demonstration of her “maturity,” it will likely backfire, that is, the judge may question your maturity for thinking her starting to date after you dumped her was immature of her. In any case, you should visit an experienced family law attorney to learn about your rights, options and responsibilities.
Good luck!
Patrick Sampair
The Sampair Group, PLLC
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To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://sampair.com/.
