If my wife and I are legally married but she left me and moved in with a married man, could I get custody of our 3 year old?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my wife and I are legally married but she left me and moved in with a married man, could I get custody of our 3 year old?

Asked on September 5, 2012 under Family Law, Illinois

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The fact that she moved in with a married man-- or with another man in general-- is a factor that the court will consider in deciding child custody.  Many judges frown on the having a child in the house during an extramarital sleepover.  However, it's not the only factor.  The court will look at a variety of factors to decide what is utlimately in the best interest of the child.  Instead of banking on this one factor, you should also be prepared to show the judge why your household would be better or more stable for the child.  Factors could include being able to provide the child with a room of their own, that you have access to insurance benefits, you are located near better schools or educational programs, you have quality child care, or you have family members close by to give the child a sense of family and help you raise the child.  This is not an exhaustive list, but it demonstrates that you are concerned not just about punishing your ex-, but you're interested in being the best possible parent for your child.  Considering that your child is very young, the more factors you can show, the better the chance you'll have at getting custody.  A two prong approach is much more effective.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption