Asked in Family Law and Child Custody for Texas

Q: Can a spouse that was cheated on demand that the mistress not have contact with their 2-year-old?

Son cheated on my daughter-in-law, he says he loves this person. Daughter in law does NOT want their 2-year-old to have any contact with the now ex-best friend. The 2-year-old old knows this person and has had play dates with her daughter on numerous occasions. Can she demand that she not be around her daughter?

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1 Lawyer Answer

A: The D-I-L can make whatever demand she wants, but the son is under no legal obligation to comply unless and until there is a court order. The D-I-L can file for divorce if she wants and can ask the court for an order prohibiting the son from having contact with the paramour during his parenting time with the 2 year old. Some judges will grant such a request; others will not. If son says he loves the paramour, son may also want to file for divorce.

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