Divorce -what are the chances for a father to gain custody of his son ?

Question

I'm 32 and my wife is 26. We've been married 6 yrs.We never argued or had problems. We are financially secure.we have a 4 yr.old son. To my surprise my wife announced she wasn't happy . I found out she 's been seeing a older man who is 48. She confided to a friend that she is not attracted to him but he has lots of money. We are in the divorce process .I have been informed by several people including my atty. that although she committed adultry and has been seen in public with him even though our divorce is not final yet; that in the state of Tx. my chances of being granted custody of our son is next to none. Is this true? What can I do? What are my rights? Any suggestions?

Answer 1

Your best bet will be joint custody. Courts favor the mother, and if she is not a bad mother your odds are even less. Adultery does not always reflect bad parenting, just poor judgement in peoples personal lives.

Answer 2

Yes the courts are biased it is really a crime that the courts can't get beyond that! Why can't you try shared parenting? You stated that you didn't argue nor had problems. What your son needs a relationship with both parents. Try to working on a shared parenting plan and if problems come up with the plan try use a parenting coordinator vs. lawyers and Judges. I been fighting this now for two years and neither lawyer or Judge have any idea what is best for my child none of these people has ever seen my child. Good luck!

Answer 3

It depends on the state you live in. Many states are mom states. Unless you can prove her unfit. But what is so wrong with 50/50?? My ex and I, he lives in New York. We have joint custody with physical custody with me. Divorce is always ugly, but keep in mind both parents love the child/children. It is important that neither of you dog each other in front of the kids because the child loves both parents no matter what. Unless a child is being neglected or abused in some way, I think custody should always be shared. My ex and I stayed on friendly terms in front of the kids, that is the important thing.

Answer 4

Unless you have a solid picture of her having sex while still married you can prove nothing and say everything. She will get her children and then some from you.
I know a guy doing twenty years in prison right now becasue he just said fu*cck it,. and shot the b****tch and her boyfriend lover.
So I take my hat off for you that your more stable to handle the situation like a real Man does. I would seek full visitation rights before seeking full custody. You will be better off in the long run being able to see your kids anytime rather than supervised visitation.

Answer 5

10-4

Answer 6

The only way to gain custody of the child is to prove her an unfit mother, as long as she takes care of the child properly, her morals can be that of an alley cat, she will still gain custody

Answer 7

IT IS NOT TRUE!!!!! My husband got custody of all 3 of his kids on the grounds of adultry! It is illigal in the state of Texas! You need to get another attorney. Get a private investigator to tape them together (especially if your son is with them) and go to another attorney.

Answer 8

Line up childcare, and get a plan in the works. Show the judge that you are capable of having custody!

Answer 9

Unfortunately, our legal system is still very much biased toward the mother in custody cases. The best you can probably hope for is joint custody.

Answer 10

in many states , the rules are quite slanted towards the woman gaining custody . it isn't right , but that is the way the system is currently structured .

best of luck !