If I leave my husband for another man, can he get custody of my l2 yr. old daughter?

Question

List the reasons why a father could get full custody of a l2 yr. old daughter. Thanks

Answer 1

If he can prove that you are an unfit mother,ie., abusive (physically,mentally or emotionally,etc), negligent,suffering from a mental disorder that makes you an incompetent parent or potentially a danger to your child(suicidal,chemical dependency,schizophrenic effective,etc), he can be rewarded custody. Adultery or infedility is not taken into consideration when child custody is concerned. The best interests of the child are what is considered, not the parents. If your daughter does not want to stay with you, that can also have a big impact on who gets sole custody. By the way, the same rule applies for him as well. If neither of you are deemed bad parents, the judge will most likely reward you joint custody with one of you being the primary parent. This means the primary parent will spend more days with the child, a few more days out of the year than the other parent. You are such a great example for your daughter. You should really consider talking to your daughter about what you are going through and why you want to end the marriage. Then file for divorce. Do it the right way. Teach her to fulfill her principles in love and life,teach her there's a right way and a wrong way of doing things. To answer your question, no...child custody has nothing to do with your adultery or your lack of loyalty.

Answer 2

If you leave your marriage to jump right into a relationship that is considered a bad influence both legally and morally. Why would you want to put your daughter through this sort of emotional turmoil anyway? Think of her and her well being and emotional being before you find out that the grass isnt always greener on the other side. If you want a divorce that bad then leave with the intensions of being on your own for awhile. If you have a man hanging around while going through divorce proceedings then it is likely that he could get custody. Place it safe and stand on your own two feet first.

Answer 3

I would talk to your laywer if you dont aIready have one. I think if you leave you husband for another man and its shown in divorce court you are left with nothing. He doesnt have to split everything down the middle. As for custody that would be determined based on the more stable parent. He works, hes been faithful, chances are he will get custody if he seeks it. Again, im not entirely sure what the technical legalities are. Speak to a professional asap.

Answer 4

Depends on your state. In Illinois at 12 years old the child can decide where to live. If they choose one parent it takes a HUGE fight to get them and then they usually still can't unless they can prove the custodial parent is unfit, ie. putting the child in harms way. Here, you could smoke weed right in front of a child and as long as they aren't at risk then they don't have a case.
FYI you live once, I have been there, left for someone else, and although we only lasted 3 years (it broke up my 14 yr marriage) I never have regretted trying. I loved him and followed my heart.

Answer 5

Leave your husband because you are unhappy. Dont reveal the other man for a few months.
I dont think he can get full custody. Are you a good mom? I dont think the courts will punish you for infedelity to the point where they take custody from you.
My advice? GO SEE A LAWYER and tell them the truth...they will advise you according to your state in which you live.

Answer 6

chances are if she is 12 they'll ask her who she wants to stay with. but if he can prove you can't take care of her or that your doing drugs or other illegal/dangerous things around her then he can get her. he may try to say that by you cheating on him or leaving him for someone else that you broke up the marriage and he should have the child. however the law favors the mother and there is an extremely good chance that you'll get her. it takes a really bad mother to lose custody of her child...however what happened with my sister was her father tried to fight it and the judge saw them as equally fit parents and gave split custody.

Answer 7

I agree about her probably being able to choose.

Aside from that both will have to lay out the scenario of how the daughters life with them will be and wherever will be the most fit should be the outcome.

Personally I think you ought to consider giving him full time custody.

You apparently have absolutely no idea or absolutely no care how much infidelity, divorce, and spouses new mates or marriages MESS UP 12 year old girls.

Your boyfriend cannot be trusted because he dated a married woman and you cannot be trusted because you cheated.

I feel so bad for your daughter.

Answer 8

There are many possibly ways that the father can gain custody of a child.
Financial, Neglect, abuse, Mental Disease it goes on and on.
But if you're daughter is old enough in your area, she may be able to choose for herself where she lives
OR you do a joint custody.

Answer 9

when my wife left me for a biker old enough to be her dad my lawyer told me for 60k she could offer me a 20% chance of getting custody of our daughter. fathers have little or no rights these days its pathetic. but I guess that works out well for you in this case. the hardest part is putting whats best for your daughter above the anger and hard feelings that are going to come about when you leave your husband.

Answer 10

If you were proven to be an unfit mother,or used drugs or some other real bad thing maybe,but the mom always almost gets custody.