I left my wife about a year and a half ago. We have no seperation agreement. We have two boys which I get three weekends a month. We have discussed the fact of divorce but nothing on paper. This weekend was her time with the boys and I find out her sister is watching them on friday night and I was to call the sister to talk with boys in the morning. Well I had plans to meet a friend that morning and do something in the area they stay. I drive by the house and find she is there and another car is as well at eight in the morning. I finished up what I had to do and drive by again at ten the car is still there. When I talk with the boys later that night I find that her sister took them to the movies at two and my wife didn’t go, so couldn’t have gotten them till at least four. I have left her with the house and most if our possessions when I moved out. I took my 46 tv, ps3, stero, laptop,my clothes, movies, and my stuff in my shed. I wondering if the adultery now with us having no papers ever draw up will help me get custody of the boys and she get weekends is all I’m looking for.
Adultery has little impact on child custody unless the boyfriend/girlfriend is an imminent danger to the children (e.g. drug addict, child molester). You can file for custody and attempt to get a new custody schedule, however often times they go by the precedent that has been set unless you can offer significant change in circumstance.
While your wife’s actions may constitute the crime of adultery, whether it will be taken into consideration for the purposes of custody really depend on the specifics of her actions and the character of the person she is involved with.
You can learn more about child custody claims on our website and hopefully find more information on your specific issues.