The issue of dating during divorce is one that attorneys deal with on a consistent basis. If you are a parent facing a custody battle, your personal life will have a tremendous bearing on the outcome of your case. Going through a divorce can be a difficult and lonely ordeal. While one relationship is crashing and burning, some people feel the need to begin a new one before the first one has been resolved.

Is this new relationship in the best interests of my child?

In deciding child custody arrangements, the court’s mandate is to act in the best interest of the child first. They will consider a host of factors when deciding which parent will have primary residential custody and which parent will have parenting time with the child. If it becomes known to the court that you have started a relationship with a new partner before the divorce is final and while custody is being resolved, it will not reflect favorably on you with the court if you are exposing your child to your new partner during such an emotionally challenging time. If the judge is going to be deciding the custody arrangement, they are not likely to be eager to give you custody of your child if you do not demonstrate good judgement in this instance.

Will this new relationship have an impact on my relationship with my children?

Divorce can be traumatic for a child. Their parents are separating, they may be moving, and their lives will never be the same. Your child will likely be confused and in need of your attention more than ever. If your energy and attention are focused on nurturing a new relationship, your child may feel neglected.

Where your children and their emotional wellbeing and their best interests are concerned, you should give serious consideration to waiting until the custody decisions have been made and the divorce has been finalized before you start a new relationship and before you expose your child to your new partner.

The new relationship could affect the relationship with your soon-to-be-former spouse, too

While your relationship with your spouse is ending, it has not ended yet. You are married until the judge bangs the gavel at the divorce hearing. Your new relationship can be considered an extra-marital affair if it began before your divorce was final. It would be difficult to imagine a situation in which a spouse would not be upset to see their spouse with someone new on their arm before the ink is dry on the divorce decree. Your spouse (because until the decree is final, they are still legally your spouse) can accuse you of having started this relationship while you were still together.

Every situation is different. If your spouse has already started dating a new partner, it may not make a difference if you do, too, but it is best to seek the advice of counsel before you do anything could jeopardize your custody case.

If you are looking for knowledgeable advocates, the skilled Nashville divorce attorneys at Miller Upshaw Family Law, PLLC, are here to represent your interests through all the difficulties of divorce. We answer your questions and recommend the best next steps for you and your family. Please call 615-391-4200 or use our contact form to reserve an appointment with our dedicated legal team.