QUESTION
Can I get full custody of my kids if my wife is having an affair?
Asked on Nov 05th, 2013 on Child Custody - Indiana
More details to this question:
I want full custody for my kids and I just found out my wife is having an affair. Can that help me at all? Also I found out that she's been neglecting my kids by leaving them home with her sister while she leaves to see the other guy. Can I use this to my favor? Is this ground to say she’s an unfit mother?
3 ANSWERS
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Not likely for that reason only. Having an affair does not create a presumption she is unfit as a mother, just as a wife.
Answered on Nov 12th, 2013 at 3:32 AM
Suzanne H. Lombardi
In Alaska the law assumes that there be a 50/50 split unless somehow the kids are being affected. There is a statute that lists the factors that the court must look at when deciding custody. It is AS 25.20.140. If your wife's affair is interfering with her custody of the children and she is neglecting them then that would be grounds to keep her from getting custody.
Answered on Nov 12th, 2013 at 3:19 AM
4 Awards
The affair does not make her an unfit mother. Assuming that her sister is a responsible adult, leaving the kids with her is not neglect. The court will grant custody based on what is in the best interest of the kids. Her morals may be a factor in what the court decides.
Answered on Nov 06th, 2013 at 10:28 PM