Legal Question in Family Law in Texas
custody dispute
My husband has filed for custody of our children based on the fact that I had an affair. Is this reason enough for a judge to grant custody?
1 Answer from Attorneys
Re: custody dispute
If you are asking if it is possible, the answer is yes.
However, the Court will be basing its decision on "the
best interest of the child." Affairs may or may not be
very relevant to determining what is in the child's 'best
interest." If everything else is equal, then maybe the
affair could be a deciding factor, however my experience
has been that Courts will evaluate other factors, such as
parenting skills and time with the children more heavily
than an affair. Caution -> This is my opinion based on
experience. I do not know what Court you are in or anything
else about your situation. This is not a guess as to your
odds because I do not have nearly enough information to
hazard a guess. I am merely stating that I believe most
Courts would take other factors into consideration.