I left my husband in December. We have a5 year old. We haven’t gone thru with divorce yet. He’s an alcoholic, he lost his car and his apartment. Keeps getting kicked out of places that let him stay. He hangs out with his little bro on the streets and they are constantly drunk. I got pregnant in February with someone else. Now my ex is threatening to sue me for custody of our son because I committed adultery getting pregnant a few months AFTER I left. Can he really do that? He’s homeless, jobless, and I can’t even leave him alone with son because he walks around town with his bro and my son drinking. Out in the open. He also cheated when we were together a few years ago. I’m filing for a restraining order. But I can’t help but be stressed out by what he’s threatening. My son has a stable home with me. He’s happy.
I think you’re going to get some conflicting answer here. There are a lot of lawyers willing to do free consultations. I would make an appointment and ask them what your best course of action is. And I would absolutely start documenting his behavior every way you can.
I don’t think he can he’s just trying to scare you
Check your laws in your state.
He can try but I wouldn’t even sweat it, he isn’t in a stable position so how will he be able to hire a lawyer and all that? I say don’t kick a sleeping dog.
Until you are served court papers, I would keep doing you and eventually divorce him.
He is just saying that to scare you. If he can’t pay rent, how do you think he’s going to pay for a lawyer
See if there is a legal aid department that can assist you.
He’s not going to get your baby, girl! Don’t listen to a word he is saying
Adultery has nothing to do with custody. It’s a losing battle for him if that’s all the ammo he’s got.
He doesn’t even have a job to pay for a lawyer 
do not even worry about him just laugh in his face
I believe in some states you can and in some he can go after the babys dad . i dont think you hear of it much but yes by law he can
Go find a lawyer and talk to them they will know what your rights are what the state’s laws are and stop worrying so much
I mean technically he could sue you and take you down with him because he did it aswell but then again you have to be able to prove it. He has all the proof he needs. Being married isn’t just a price of paper it’s a legal binding document and if you happened to say you would stay loyal to him then you haven’t got a leg to stand on … he won’t get the child but he could sue you for any assets you have
I had a baby while still legally married and he’ll have to e-sign documents when you have the baby saying he isn’t the dad so that you can put the actual dad on the birth certificate. If he doesn’t sign those documents then he’ll be listed as the father because you are technically married 
No cause you got pregnant after you was separated so its not classed at adultery but check thw laws where u live…
Go ahead get full custody now while you can, he can’t afford a lawyer
He is all mouth you are legally sperated and he cNt sue you , you mY not be able to get divorced yet cause normally when your pregnant you can’t if your married not unless you can prove it’s not his also u could probley get custody since he has no place to live and living in streets also be careful you letting him go with his dad and him run ing the streets with him being drunk they may look at you bad cause u know what his dad is doing and your letting him go .
No he can not get you for adultrey your technically “separated” and he has no grounds on taking your son from you. He just sounds like he’s mad that you left him and your now having a baby with someone that’s not him. Don’t listen to his threats but he ever threatens any harm to you keep records and definitely if he threatens your son and go for an fpo (family protective order) then he won’t be allowed around you or your son or have any contact. He should worry about getting his life on track before threatening you with y’all’s son!
No darling he can’t. The only thing he can do with that is maybe, MAYBE, put it down as reason for divorce but if u have proof of separation b4 u got pregnant then it’s legit nothing. He’s grasping at straws seeing u move on
Adultery has nothing to do with custody or even the divorce just makes the person who did the adultery an ass
Adultery is grounds for divorce, nothing more
Just fyi depending on where you live if you have the baby while still married to him he will legally be the new baby’s father and you will have to fight in court to get it changed
Going to assume he can’t even afford a lawyer and you don’t have anything to worry about.
In NC he can sue for alienation of affection. But I mean, if he’s homeless and all that you say, he’s probably just talking smack to scare you. It requires money to take you to court. Clearly he has none. Best of luck to you!
If in tn committing adult is a fine and 11/29 in jail if they want to push it while going thru divorce process
He’s homeless and jobless…how can he even afford it?
Technically yes, but as long as you have proof of all the things he’s doing that would put your son in danger, I wouldn’t worry about much of a custody battle when you do finalize your divorce. It all depends on what state you’re in, if you got a legal separation (not just “moved out”) and a few other factors.
Most states the only thing that even bringing that up in this situation would do would be to keep you from getting spousal support (or child support for the new baby) which in ky would be considered his if you all are still legally married at the time of the birth.
If he’s homeless and a drunk how is he even affording a lawyer? The judge will laugh at him. Don’t worry, your son is happy and safe with you, a consistent parent, the judge will wanna keep it that way.
In my opinion he’s a drunk living on the streets and the court will need him to have a safe home for your child and food and he will need to clean himself up and prove he can provide for your child
The joke is on him because legally the baby you are carrying is his because you are still married and unless he files legal documents to prove he isn’t the father, he’ll not only need to provide support for the 5 year old he will for the new baby too.
He will not get very far with adultery suit. However in the divorce your pregnancy will be considered product of the marriage regardless of it is his or not and he will more than likely be required to pay child support on both children. He likely knows this and is spewing anger and trying to figure out a way out of it. Again this depends on your state, country.
Technically…yes. But I think him being a homeless alcoholic who you’d already left will work against it . It’s not the 1940s. Perhaps point out to him that an amicable split costs far less and that the only people who will benefit are the lawyers. I doubt he’ll get custody.
I had left my ex husband over 12 years ago…had a baby 11 years ago and am still not divorced. Every state is different but when I filed for divorce all they did was a paternity test to insure that my youngest wasn’t his.
He doesn’t even have a job how is he going to sue you? Lol get that divorce over with you’re fine.
Sadly he is sick and I wouldn’t worry about being sued. He’s going to say a lot of things to try and deter you from doing what’s best for you.
You have to have money to sue. You have to have a lawyer. This man is in the process of hitting rock bottom. Just let him dig.
It depends on the state. In NC he can’t because you were legally separated and it happened while you where separated. He can use it against you but it probably won’t do him any good because you were separated. Most lawyers won’t even take an adultery case because it’s a waste of time.
He’s just trying to intimidate you. Get a lawyer, file for divorce & full custody. If he does try to get custody request a home evaluation & mental health exam.
Depends on your state. Talk to an attorney. You’ll get better and more accurate info than Facebook can offer.
Did you commit adultery? Yes. Legally you did. If you are not divorced legally, you committed adultery and he can use it against you during the divorce.
Does this have anything to do with custody? No.
The only advice I would give is do you research on your state laws when pregnancy happens outside of the marriage. In Ohio I was legally married. We split up, NO ACTUAL divorce. We haven’t spoken or seen each other in years. I moved on and just had a baby with my boyfriend of two years. When our five month was born we had to jump through hoops in order to have my boyfriend on the babies birth certificate. Because since I’m still legally married only my legal husband was allowed on birth certificate until we did paternity on both husband boyfriend and baby. Now of course I went through child support to do this. So it was court ordered DNA from my husband.
Depends on your state, in Michigan your new baby would be considered a product of the marriage and your “husband” would be automatically added to the birth certificate. Go file for divorce before your baby is born.
he’s trying to scare you. it’s his way of tryin to control. if that’s all he got is that ur pregnant by someone else after your separation he’s wasting his time. he seems pretty unfit hisself to raise your child. dnt stress mama . keep doin what your doin & raisin your son. you have nothin to worry about
Adultery isn’t a legal offense. No you can’t sue for it. He is dumb.
Yes. But depending on circumstances, it won’t go well for him. I left my ex in October. We had separated once before and been through marriage counseling. Moved into my own place with a female friend of mine. Started dating my NOW husband in December. My husband filled for divorce (after not signing divorce papers we agreed on) asked for full custody and child support based on adultry. Even hired a PI and said he didn’t know where I took off too with our kids. (He helped me pack up our girls stuff and gave us a dresser, and had our address 2 weeks prior to moving). He ended up with every other weekend, paying child support, and we alternate he MAJOR holidays. I didn’t get hit with adultery either.
He could use it against you in the divorce. It has nothing to do with custody. You say he cheated also, but unless you have proof, it’s he said/she said. Unfortunately for you, there’s proof you cheated
You should be worried about divorcing and not his infantile threats, in many states whoever you are currently married to is responsible for the bun thats in the oven, so if you dont want him having some say so on your upcoming child file fast
Don’t even worry about him he sounds like the village idiot
It is adultery, and he can sue you for it. However, it has nothing to do with custody.
He do not even have a place to live,do you think that he will spend any penny on a lawyer instead drinking it ?
The restriction order sounds good, but you should also file for a divorce and full custody of your child ( at least) until he gets back on his feet and get help with the drinking.
Also ,start saving any message he sent , record and take pictures of every think you can as evidence, you might ended need it
If you were in Kentucky they would assume your husband is the father because it was conceived during the marriage. But our divorces are no fault so the reasoning is null
He’s trying to scare you.no court in there right mind is gonna award a child to a homeless man.
Are you in a no fault state? Also, don’t tell the hospital you are married. Then the actual father can sign birth certificate of his child. My divorce took over 5 years because my ex was in and out of prison and trying to fight me for custody. I got pregnant and My kid got his actual father’s name on birth certificate.
You need to check your laws. All states are different! You need to get divorce. Sake of the baby. All states are different and even if he not the father he can put the name on the birth certificate because you’re married.
The family courts care about two things. The childrens welfare and allocation of money. Mud slinging is a waste of time and money. Take the emotion out of it and get through it.
Depends on what state you are in. The other thing is since you are legally married he can claim as the father and get visitation. You better talk to a lawyer.
Alienation of affection. I don’t know which states still do this.
I’ve been divorced twice because they committed adultery. More or less in our state too many people do it so they did away with it
He’s trying to get in your head. Ignore him and collect evidence that he’s unfit.
I know in mi if your still married and if you got pregnant by someone else your soon to be ex husband is the father of that baby cause your still married it’s mi law
If your a good mother and can support your child your fine. Stop worrying and get your shit taking care of. Stop waiting.
Depending of the state you live in it doesn’t matter if anyone cheated or what the reason for divorce like Michigan it doesn’t matter