my brother just found out that his wife is having an affair. there was a lot more found out my brother has even spoken to the man she was having an affair with, so now we are trying to get him to give us a statement of what went on with her, the thing is that she has left our house, and she wants to take the child. the child has his own room in this house. the mother that has left the house currently is staying in a relatives living room. what are the odds of the father who is the responsible one getting custody?
2006-12-30 18:25:01 · 23 answers · asked by susymcalderon 1 in Family & Relationships ➔ Marriage & Divorce
Usually, the mother gets the child but if the argument is good enough, the father can get custody. It's not really a matter of who's right and who's wrong, it's who can prove to be the best in court.
2006-12-30 18:27:14 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Really depends on your state. Sorry its getting better but most still favor the mother. If he is going to try and get custody you will need to prove more than the affair. You will have to prove that she is an unfit mother to the child.
When she left did she leave the child? and did she get a seperation agreement prior to leaving? If not then he can charge her with abandonment of him and the child. (even if she tried to come back later)
The courts will also look at the living situation, (Does the child have there own space) and they will also look at ANYONE else living in the house for background information ( trouble with the law exc)
If he has not he needs to go down and file for custody now ( this can be done without an attorny) Just walk into Juvenile Court and tell them you want to apply for sole custody.
Also the person who has physical custody of the child when you go to court will play on the Judges decision. The affair can be used, but the judge will be looking at if it has affected the child. Did she leave the child while having the affair exc.
2006-12-31 01:43:36 · answer #2 · answered by just_trump_my_ace 2 · 0⤊ 0⤋
You know, we had a court case where a 'crack-head mother' lost custody of her son, and three years went by, and she had maintained an apartment (dump) and the foster parents who were caring for the child, were very loving and caring and provided what the child needed, and one day, the crack head mother, came back, demanding her son back, and you know what?? The courts granted that mental-case mother, her son back!!! There was no justice in that, but it happened.
I'm not trying to instill fear in you, but just know that depending on where the mother's life is at, or if her lifestyle is posing a threat to the child, in some cases, the courts will not allow the child back into the custody of the mother. However...if the father shows that he is more stable (home environment, stable job) then maybe that will work in his favor. But every state/province court system is different. Most will favor the mother, simply because the child is more closer to the mother, or something like that. But, in any case, don't give up hope. The one thing the father should have on his side, is lots of support. If the mother has just had an 'affair' and is not dabbling in any drugs or partying, etc, then she's not putting her child at risk, but, if she's told the courts that she's 'working' on getting a place of her own, and 'working' on her life, then she may have a better chance of gaining custody of her son. Whereas, the father would just need to stand his ground, and just keep pressing the courts, and allowing them to see that he is he better choice in parenting, because of his loyalty to his (then) wife, and his dedication to his son (by just not giving up)....
Good luck, and I hope it works out!
2006-12-30 18:33:55 · answer #3 · answered by argamedius 3 · 0⤊ 0⤋
If the mother was the primary care giver, probably not good. Primary care giver, is just a fancy way of saying who feeds, cleans, and baths the child the most frequently. The court most likely is going to award custody to whoever this is. That way the child is under less stress couping with the divorce.
Unfortunately, commiting adultry only shows that someone is a bad spouse. It doesn't prove someone is an incompetent parent. Unless you can prove that she is a "unfit mother." Which means you would need to show that she is a criminal, a drug addict, or knowlingly put(s) the child in direct danger.
2006-12-30 18:37:52 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I don't want to get your hopes up because I'm just going by what I think will more than likely happen. I think that the father will get custody. The mother may get visitation but the child is in a stable home so they probably don't want to remove him from that to put him in an unstable home. Also depending on the age of the child they will ask the child where they want to live.
2006-12-30 18:28:42 · answer #5 · answered by Dreamer 3 · 0⤊ 0⤋
They want whoever has been helping the youngster and who the youngster is living with now. If the respond to that's the two mothers and fathers, then they have a tendency to wish the mummy. except they are so incompetent and blatantly in enhance approximately it. Or except they are able to be shown by utilising to be an no longer worth mom. 9 situations out of ten nonetheless wether or no longer it truly is solid or undesirable for the youngster, they do tend to wish the mummy in a custody conflict.
2016-10-28 19:17:29 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Its a new thing out there going on, its not "give the child to the mom" anymore. Well, in Ky its not that way. Document everything that has happened, any letters, emails, anything like that will also help... not to mention the fact that they will do whats best for the child, mother or father... my sister-n-law lost her first 2 children, (my step niece and nephew) to their dad.. simply because they didn't have a room of their own, and she didn't have a job... so good luck to you guys on this one!
2006-12-30 18:30:52 · answer #7 · answered by emtb9 4 · 0⤊ 0⤋
Official paperwork has to be made up by a solicitor stating what was going on etc.
The judge will read all these documents and then work out what the final judgement will be.
As far as the children..it will be a seperate issue to property settlement..and it will be investigated the welfare of the children by social workers at the court.
Children are not used as a go between for marriage breakups..
2006-12-30 18:29:03 · answer #8 · answered by harrrisfamily 2 · 0⤊ 0⤋
The custody of a child depends on the judge and the jurisdiction although it is usually the court's decision to award joint custody unless the mother is physically unable (in jail, seriously ill or drug impaired) or unwilling to have custody.
2006-12-30 18:27:35 · answer #9 · answered by Cmytoes 2 · 0⤊ 0⤋
Just make sure you show up on your visitation days.
Serioulsy my dad (who had a kid from a different marriage long after me) has spent over 60,000 in canadian dollars in 2 years and all he has got was an extra day in custody he is fighting for full but will never get it.
It is not worth going to court over unless you are well off, try to be civil. Dont get angry and be mean to her and try to get back at her for what she did, there is a child invlved here and too many people are so self asorbed they dont think about everyone involved just themselves.
ALSO A WOMEN DOESNT CHEAT IF HER MAN MAKES HER HAPPY, YOUR BROTHER MIGHT HAVE BEEN A DICK TO HER BEHIND CLOSED DOORS. THINGS YOU DONT KNOW,
2006-12-30 18:45:29 · answer #10 · answered by Anonymous · 0⤊ 1⤋