my husband and I are divorcing and recently he filed for full custody showing proof that I had had an afair.He has proof of my phone calles and a hotel address ? please healp ...
2007-03-21 02:36:52 · 23 answers · asked by Juliet 5 in Family & Relationships ➔ Marriage & Divorce
It is not a meaningless night...I'm in love with this guy and he's in love with me....
my marriage was over long befor this started...my husband is 20 years older than I and has completly diferent opinions about life.
2007-03-21 03:00:17 · update #1
I have filled for divorce not him !
2007-03-21 03:01:08 · update #2
Custody will be determined by the Judge hearing your case. Look up your state's laws online regarding custody and divorce and see what it says about this issue or consult a good attorney for a legal opinion of how this will play out in your state's court.
2007-03-21 02:43:44 · answer #1 · answered by curious74432 3 · 1⤊ 0⤋
Having a affair is not repeat not a judgment of the child/parent relationship. Most affairs stem from deeper problems within the relationship. You are their mother regardless and the same holds true that your husband are their father. The best you can do for the children is to be the best co-parenting team. Instead for fighting for full custody try coming up with a plan that is best for the children that has equal access to each of you within reason. Remember your children has the right to love both of you. Try seeking out parenting coordinator to come up with a plan with your husband in regards of the scheduling a reasonable plan that you can both live with.
2007-03-21 02:52:58 · answer #2 · answered by chancesare45 4 · 2⤊ 0⤋
Honestly, yes, he'll have a much easier time getting the kids. Men actually do have an easier road already, they just don't realize how to portray it in court.
Judges look for several things:
1. Financial security
2. Stability
3. Morality
Men make more money on average, and you have just proven to the courts to be immoral (not mincing words- having an affair is immoral) and beginning a new relationship is a very unstable time in a woman's life.
If you want custody of your kids, you're gonna have to make some changes.
2007-03-21 03:13:00 · answer #3 · answered by jhvnmt 4 · 0⤊ 2⤋
i dont see why he can do that, if he is divorcing you for the affair( if he's divorcing you) then he probably can. I dont think he should get custody because having this affair doesnt make you a bad mother, so the children have nothing to do with this besides the point that the divorce is going to break you guys up.
2007-03-21 03:05:43 · answer #4 · answered by shawntica d 1 · 0⤊ 1⤋
Because the U.S. is a NO FAULT divorce country, it will not hurt you. Will it make you look good? No. If he can prove you're an unfit mother i.e. drugs, abusive etc. then yes, he will have the upper hand. But an affair doesn't make you unfit in the no fault divorce system. I suggest getting a lawyer if you don't already have one.
2007-03-21 02:49:49 · answer #5 · answered by Lilith 4 · 2⤊ 0⤋
I know a women who cheated on her husband and she has full custody. The judge will look at your living conditions and your state of mind. Are you a competent parent? If so, then there shouldn`t be an issue.This women`s husband was working twelve hours a day and was never home, how can he care for three kids?
2007-03-21 02:43:13 · answer #6 · answered by lost2day 6 · 1⤊ 1⤋
That shouldn't matter; having an affair was bad of course, but that is between you and your husband and whomever you had it with; those are his grounds for divorce; but that doesn't necessarily mean he would be the best parent. Get a good lawyer, and go for joint custody.
2007-03-21 02:42:54 · answer #7 · answered by abc 7 · 3⤊ 1⤋
just because of that affair doesnt mean that gives him the right to have full right to the kids . he has to prove you unfit . and from the sound of it you didnt take the kids with you ,and he must be a good guy . so the answer is no thing like this happen everyday and moms still get there kids
2007-03-21 03:38:57 · answer #8 · answered by hatchertammy 1 · 0⤊ 1⤋
Well I don't know what state you live in but where I live he would have to prove you neglected the children (left them home alone while you were at the hotel , put them in danger, neglect etc.. If you have always put the children 1st and you can prove it I don't think any judge will take them away from you but you may have to settle for joint custody.
2007-03-21 02:44:23 · answer #9 · answered by Anonymous · 3⤊ 1⤋
I gained sole custody because (1 of the reasons) my wife was messing around. The judge didn't think the kids would come first in her life. They don't seem to in your life.
2007-03-21 03:08:29 · answer #10 · answered by Anonymous · 1⤊ 3⤋