Legal Question in Family Law in Maryland
Custody and responsibility
My wife just answered my complaint for absolute divorce. She admitted to the adultery but said it occured after she seperated and that the relationship was now on hold until the divorce was final for the benefit of the children. I can say that it hasn't been put on hold as he still comes around and spends all his time with her and my kids! I caught her cheating once before and this time I have pretty good evidence (video and eyewitness testimony). She moved out of the house and left the kids with me about a month ago. She stays at the firestation where they guy she cheated with lives. Two of th echildren are mine but the oldest 14yo is hers from a previous marraige. I am going for full custody and she is fighting me for it. I just put the kids into daycare and she refuses to help pay. I have been the sole provider financially for the past 5 years but she recently took a job making about 25% of what I do. Since I am caring for and providing all the support for the children, what chance do I have as a dad of getting full physical custody? I don't want any support from her, I simply want to provide the best future for my children that I can. I am willing to let her visit anytime, I just want the children to live with me.
3 Answers from Attorneys
Re: Custody and responsibility
There is a strong point in that you have taken care of the children since she left. There are several other aspects to review. You may not want to waive certain rights, contact me to discuss.
Re: Custody and responsibility
Ultimately, who the children reside with will depend on what is in their best interests. Courts look at many factors when making such determinations. The fact that your wife committed the act that lead to the dissolution of the marriage, and that she is the one who abandoned the marital home and her child care responsibilities, certainly doesn't help her argument for custody.
Re: Custody and responsibility
Your chances of getting primary custody (and child support) are quite good under the circumstances, since she has abandoned the children and the marriage. Adultery alone is not a basis for cutting off her parental rights, but the longer you exercise sole custody, the more likely it is to continue. As for her adultery, even if she claims it only started after separation, it is a "fault based" grounds that entitles you to seek absolute divorce without a waiting period. And, if you have the children, you can ask for three years of use and possession of the marital residence before it would have to be sold or divided. If you need representation, our firm regularly represents husbands/fathers in divorce and custody matters in MD and DC. Please call us to set up a consultation where we can outline your options.
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