Legal Question in Family Law in Texas
Abandonment & Adultery
I've being married for a seven years now. I have two daughters, for whom I want to be "primary parrent". In October last year, my wife told me to move out from our apartment, and that she doesn't want to live with me any more. The reason I left was that she told me unless I leave she will move out with kids and her mother. She almost forced me to move, asking me every day when do I intend to leave. Three months ago(I think, if not before) she got involved in a relationship with a "mutual friend".
My question is: "Can I ask for divorce based on abandonment and adultery, and if yes what are my chances for being awarded with "primary parent" status?
2 Answers from Attorneys
Re: Abandonment & Adultery
The standard is what is in the "best interest of the child."
Adultery allegations are helpful for your side, but they are
not determinative of what is in the children's best interest.
This depends on all factors, such as support, age of the children,
employment, parenting skills, who was primary caretaker before the
separation, fault in the marriage, and any other factor you can
think of. The court may also order a social study to look into the same
issues. Although an attorney can help you evaluate his/her opinion
of your chances, it is only an educated guess at best. Also keep in
mind that taking the case through trial is often very expensive. If
you need an attorney, email me your location and I can attempt to locate
one in your area. Good luck.
Re: Abandonment & Adultery
The standard is what is in the "best interest of the child." Adultery allegations
are helpful but do not win the game as it is what is in the
children's best interest.
The "best interest" looks at things like support, age of
the childrens, the childrens wishes,
employment, the parents parenting skills,
who was primary caretaker before the separation,
fault in the marriage, and any other factor you
can think of.
One local judge uses the breakfast test; ie
who feeds the kids breakfast, who goes to PTA
meetings and who does the kid go to when he/she
has hurt themselves.
The court will, in most contested cases,
order a social study to look these issues.
As a lawyer I could only give you an educated guess.
If you are located in Central Texas I would be happy to help.
If not I can try and find some one else who can.
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