QUESTION
Does father get full custody if the mother is having cyber sex?
Asked on May 08th, 2013 on Child Custody - Oklahoma
More details to this question:
I live in PA. My wife and I have been together for 3 years. Most recently we had a separation about a month ago because she said she couldn't handle picking up after me and she didn't love me anymore so She went to stay with her parents and took our daughter. We agreed that’s I get her on weekends, Monday, Friday. 2 weeks ago on a day were she was watching our daughter and another child she was having cyber sex with an ex boyfriend. She and I both had forgotten her email was saved on my phone. My phone was going off one morning and it turns out while babysitting she was having a deep sexual online conversation. Which I have all recorded. So I thought that was the last of my problems. My landlord and owners of a church behind our apartment said they have all seen and would be willing to testify in court. They told me today that multiple times they have seen my wife and another man crawl out of my bedroom and his bedroom window and sometimes go to his house(while my daughter is sleeping) and come in to my house while I'm at work. They would crawl on the roof after dark and go to one another's bedroom. She agreed to taking a lie detector test on the affair and if she left this house while our 2-year-old daughter was asleep. I rent an apartments, same one and have a car and a full time job and childcare available. Because of my situation and my daughter being abandon from time to time. I would like full custody.
3 ANSWERS
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
2 Awards
No. You need more than your wife having sex - that's normal. Further, the times you describe in which your daughter's supervision might be questionable do not rise to the level of abandonment.
Answered on May 10th, 2013 at 11:09 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Ask the judge. He or she is the only one who can determine if that is sufficient to give you full custody.
Answered on May 10th, 2013 at 7:04 AM
Forget the cyber sex. Forget the real sex. If the child is being left alone on the premises at all, the question is not should you seek full custody. The question is why haven't you already sought temporary custody via an emergency petition pending a full custody hearing. Irrespective of whether she sleeps around, or sings soprano in a church choir ans slips out for song practice, leaving the child alone is a significant issue. Get counsel and address this sooner rather than later. If you can not afford counsel, try to find a pro bono referral or Legal Aid or just run it yourself, but the time to act would be now, not sometime in the future.
Answered on May 10th, 2013 at 6:18 AM