QUESTION
Will I loose custody of kids because of affair?
Asked on Mar 27th, 2014 on Divorce - Florida
More details to this question:
My husband and I have been having issues for about 2 years now. During this time we have talked repeatedly in regards to our relationship. I wanted separation, he was very resistant to this. I informed him many times that I was not in the marriage but he refused to listen. I began talking to another man during this time and we got closer and closer, all the while I told my husband the marriage was over. An affair did occur on my end and I also walked out on my husband while my children were present. I have since since returned to only take care of my 2 boys and I am sleeping in my sons room. Was just wondering if an affair guarantees my husband full custody of children. Also, I have just found out I am pregnant, not sure how that changes things.
1 ANSWER
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Florida is a no-fault divorce state, this means that marital misconduct is not particularly relevant in a divorce. If the marriage is over there is normally a reason, and adultery is a common reason. I would not worry about your affair too much. There is no longer "custody" in Florida, that has been replaced by a "time sharing plan". Both parents see their children and the time sharing plan outlines when the children are with each parent. As for the pregnancy, the unborn child will be a child of the marriage unless your husband files a petition to disestablish paternity, and successfully proves the child is not his. In Florida a child born to a married couple is legally that of the husband even if the child was conceived by adultery. The unborn child will have to be addressed in the divorce proceeding.
Answered on Mar 28th, 2014 at 4:08 PM