T.J. Holmes’ Steamy PDA With Amy Robach Could Reportedly Cost Him In Custody Case: ‘He Should Be More Private’

Lisa Zeiderman, managing partner of the New York family law office Miller Zeiderman, told People that Holmes "should be more private" given the current divorce proceedings, adding, "I think that there are less public ways to do it. If it was my client, I would say that if this is something that you want to do, have to do, you need to do at this moment, then take it out of the public eye. And certainly, don't you, yourself, put it out there in the public eye."

After Holmes' and Robach's affair was exposed in November, insiders revealed that they had actually ended things with their respective spouses in August, and only began seeing each other afterwards. However, it was later discovered that Holmes and Fiebig wanted to give their marriage another go – hence why he was still wearing his wedding ring! – which is why Fiebig felt completely "blindsided" when she learned of the affair.

"They were both separated so they felt very comfortable dating in the open after that. Their spouses had moved out, even! So they were not hiding anything," a source told People. Their source also added that Holmes and Robach "are in love" and in a full, committed relationship, saying: "They spent the holidays together and are spending all of their time together right now. They are fully in a relationship. They are not hiding anything at all because they have no reason to."

However, Zeiderman believes that there *is* a reason to – and that's Holmes' custody battle! "When we have clients who are having affairs, we tell them to be super careful about not flaunting it, about being careful because you don't want your children really to see this in the papers," Zeiderman continued. "That doesn't really help, and it's not necessarily great judgment to be doing this because your child's going to see all of this."

"You need to be able to, in a divorce action, put your child's best interest before your own," Zeiderman added. "While it's perfectly legal that you'd be dating afterwards, it's not a question of just what is legal. It's a question of what is in the best interest of your child."

Fiebig's Lawyer Slams Holmes' 'Lack Of Discretion'

We may not have heard from Holmes' lawyer yet, but Fiebig's legal team has already issued an official statement regarding Holmes' behavior this year. "Notwithstanding, we continue to be disappointed by T.J.’s lack of discretion, respect and sensitivity toward Marilee and the party’s daughter," Fiebig's attorney Stephanie Lehman said in a statement on January 4th, according to the Daily Mail.

"To that end, T.J.’s lawyer and I have been working together to move their divorce forward privately, expeditiously and as amicably as possible." Fiebig's attorney added that their daughter is her "sole focus" and she is also "touched by the outpouring of support" from fans.