2022 Case – Is a romantic relationship during the divorce a factor when the judge is making a determination of primary residential parent and visitation?
In the Camacho case, (Camacho v. Camacho, Tenn. App. Ct. 2022), the trial judge used its authority to make a custody decision to punish the Mother for her continued relationship with her boyfriend. She had testified that he was a “former boyfriend”, but it was clear from that he was still involved in her life as her paramour. The judge’s “punishment” was to award the Father primary residential custody and give the Mother every other weekend visitation. The Appellate Court reversed the trial court on this issue, finding that there was no evidence that the Mother’s relationship with her paramour caused her to be neglectful of her child, nor that the relationship was not in the best interests of the minor child.
Law: Sexual infidelity or indiscretion does not by itself disqualify a parent from being awarded custody. However, if the sexual activities or indiscretions involve neglect of the child then that neglect may be considered in relation to the best interests of the minor child.
Examples of Relevant Facts: If there is a showing that the relationship interfered with the Mother’s performance of caregiving responsibilities or facilitation between the Father and the children then perhaps that would have been relevant as a factor for the determination of best interests of the child.
In Tennessee law, there are “grounds” which must be pleaded and proven to obtain a divorce; there can be one ground or multiple grounds which are pleaded, and “adultery” is one of those grounds, which if relevant, can be pleaded and proven. In Florida law, no grounds must be proven, just that the marriage is “irretrievably broken”.
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