Do multiple affairs affect custody?

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Do multiple affairs affect custody?

Unread postby dadsdivorce » Thu Mar 31, 2005 4:44 pm

Me and my wife were married in Louisiana and now live in Mississippi. After 6 years of marriage she decided to leave. Leaving the kids behind for weeks. She now wants custody in the divorce so the children will live with her and go to school by her grandmother's where she is now residing. I have changed jobs to be home for them. They are enrolled in daycare and school near my home and job. I feel we guys are doing OK for ourselves and dread the thought of losing my children.

What are my odds of winning physical custody in court? I am sure her 13 separate acts of infidelity (12 different men 1 woman) should be grounds for divorce but will that be a factor in the determining of custody? Can I receive child support until the custody hearing? We sure could use it! Thank you
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Unread postby dadsdivorce » Thu Mar 31, 2005 4:44 pm

The court is going to look at what is in the best interest of the children. While I cannot answer your questions specifically as they relate to the State of Mississippi, the court will look at the past parenting role that each parent has taken (i.e. who has taken the children to school, doctor, activities, who has done homework with the children, who has cooked, bathed, and changed the children etc.), but also at the situation currently and going forward. Perhaps your wife was a stay at home mother. That would obviously be a big factor in her favor. However, that factor is lessened if after the divorce she will now be forced to work. You may have had employment working second or third shift, but now are able to work days. Many courts will also look at moral issues when deciding custody. The fact that your wife was involved in affairs is a negative factor. Further, when people are engaged in affairs they are having the affair away from the children (I would hope). Therefore that is explicit time when she was not parenting the children. Finally, my experience is that most people do not have affairs sober. That is another avenue to explore. The fact that your wife left for a couple of weeks to set up a new residence is not going to be an overriding factor. If the new residence would force the children to leave their present school and you are going to stay in that district, that would favor your request for custody.
Many jurisdictions have provisions for filing for temporary custody and child support orders.
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