Legal Question in Family Law in Texas
My wife leaves all night but comes back in AM
If my wife is leaving every night to sleep ''somewhere else'' but comes and takes the kids to school, picks them up from school and then leaves for the night, is she still a leagal resident of our home? Her stuff is here, but she refuses to stay here. She also leaves me here to be single Dad if I am home. Is she technically abandoning our children ages 12, 10 and 5. She is having some type of affair wiht a man she tells me she is in love with. Will this help me in child custody and spousal support since she will not work?
1 Answer from Attorneys
Re: My wife leaves all night but comes back in AM
This type of behavior certainly will hurt your spouse's case in court. The court will view the entirety of the circumstances with respect to both parent's fitness to be primary conservator and will view all of the evidence through the lens of what is in the children's best interest. Leaving the house all night and leaving the children in your care while she conducts an affair is not likely to be viewed favorably by a judge. However it is just one piece of the puzzle that will be examined.
Judges have a lot of discretion in family law cases. So it is impossible to predict how your case will turn out, but it would be advantageous for you to gather documentation and evidence of the "unparent-like" behavior and advise your attorney of the situation.
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