Legal Question in Family Law in Texas
my husband physically abused me and i did not press charges. I cheated on him. now we are getting divorced and we are both wanting full custody of our two children. He has a job and i am a stay at home mom. is my cheating on him going to decided that he will win the children?
2 Answers from Attorneys
No.
The question in court would be: How did your cheating affect the children? Did you leave them at home alone when you went off to meet your lover?
The courts know that a woman can be a bad wife but a good mother.
Dad will try to make you think that he "gotcha" because you cheated on him, that he will now automatically get custody of the children. That's false. Physical abuse (family violence) is much more serious, and is dealt with specifically in the Family Code.
Everything Mr. Dunn said is correct. I would add that, if the abuse happened recently, you can obtain a protective order, and the court may not only award you primary custody, they may kick your husband out of the house and require that all of his visits with the child be supervised.
You need to IMMEDIATELY consult with an experienced family law attorney in your area to determine your options.
Good luck,
Marc A. Pederson
Attorney at Law
http://www.pedersonlaw.com