Question about losing custody of my children

Aren't you the one who posted about getting a no-fault divorce in that antiquated state you live in? (Mississippi)

You'd better be careful about having another man around your children during this time. YOU are still married. YOU are committing adultry and YOU are exposing your children to the influence of another male figure way too early in all this. YOU could lose custody just because of those behaviors.

You need to consult a good lawyer in your state. There are no Mississippi divorce lawyers on this forum that I am aware of. People here would just be speculating and speculation can get you in trouble when it comes to legal matters. This is the future of your children you are asking amateurs to guess about. Often in cases like this the person with the best lawyer wins. I suggest you find the best divorce lawyer you can afford and let him or her do their job.

If you have been separated from your husband for over a year and you have family court proceedings in place or you have seen a lawyer to begin proceedings, then seeing another person should not give any detrimental effect upon those proceedings. Your decision to not have him stay over is a good one because then there is no 'come back' from your husband when it comes to the children or what they are being exposed to. You will be required to see a counsellor prior to your divorce hearing, which is purely in an effort to either sort out marital problems, or create an environment where both you and your husband can be 'adult' about the situation. The very worse thing that can happen is for the children to be used as 'pawns' in a 'tit for tat' emotional blackmail game. I would ask my lawyer what the ground rules are in your situation and stick to them. Your husband sounds hurt and angry. He would not be granted sole custody based upon threats. My advice to you is to keep a detailed record of what your husband has threatened and also your responses, the time and the date, just in case this turns nasty. This is advice re Australian legal system, not sure what happens over in the US.

Good advice, green witch. I have studied law and my husband is a solicitor, so know what goes on in Australia but not in the States. She should do precisely what you suggested, i.e., get a good lawyer. And the husband should cease the threatening because I would suggest if that behaviour continues, he may only be allowed to see the children with someone present. I'm sure he wouldn't like that one little bit. These emotional ties usually settle down, particularly when each spouse finds another partner and they have a workable relationship. Let's hope that happens in this instance.

Most US states do not care who the parent with the guardianship of the children live with as long as there is no reason to be concern about the welfare of the children around that person. For example he is not a known drug dealer or a child beater or..................

Of course it is always better to consult a lawyer in such an important matter, however your soon to be ex-husband would not be the first or the last person to make completely empty threats over child custody.

Why have you waited so long to initiate your divorce? Have your attorney file a no-fault. The courts could care less about your lover. It's not pertinent. You do have to agree on custody, child support and property. Now your STBX could countersue for adultery. My first husband was going to until he found out it would cost him big bucks and adultery is very difficult to prove. At that point he backed down on the adultery suit, we came to terms, and my attorney filed a no-fault. BTW, you're separated. Have your guy over any time you like.

No-fault isn't necessarily recognized in other countries, see -
http://en.wikipedia.org/wiki/No-fault_divorce#The_adoption_of_no-fault_divorce_laws_by_the_other_states

If that is an issue, then a finding of fault would have to happen (which in the US would likely just be a formality).

Interesting information jespah. I had never stopped to think no-fault divorces were not recognized in some other countries. I have two no-faults so does that mean in one of the countries that doesn't recognize them they would consider me having three husbands? Scary?

Weirder stuff has happened. It's likely that the questioner is fine, and you probably are, too - I doubt you'll have occasion to need to prove your marriage elsewhere unless you immigrate or file for some sort of social services abroad (say, if you were the victim of an earthquake and needed government assistance or the like).

Three husbands? I can barely keep up with one.