(ThyBlackMan.com) When adultery is part of a marriage falling apart, it may also become a factor in the divorce agreement and custody battle. As the spouse that was cheated on, you may be wondering if you can use the affair as proof of inadequate parenting. The answer, however, is not as simple as the question because several factors come into play.
Most judges will only consider adultery when looking at child custody if the affair was played out in front of the children. If the children were aware of the affair and manipulated or bullied into keeping it a secret from the other parent, that can be presented as proof of mental and emotional abuse. It is also a reason to have your children see a therapist with experience in this area.
The process starts when you first suspect your spouse of cheating. You will need to prove not only that the affair happened, but that it happened in front of your children. You can catch a cheater with services like GoLookUp that will let you do searches on individuals and phone numbers. You can identify who your spouse is spending time with, calling, or texting. Once you establish that your spouse is lying, you can continue your investigation to prove it is an affair.
Proving there is an actual affair and that it is happening when your children are around may include utilizing a private investigator. The more proof you have of the affair, the easier it will be to present your case. While it may seem easier to ask your children about the actions of their other parent, you don’t want to complicate or further any emotional or mental damage already inflicted on the child. Even if the child knows one parent is doing something wrong, feeling like they are betraying their parent can be devastating.
Once you have proof that an affair is happening and your children may have known about it, you can move forward with the divorce. You want to get a lawyer that is highly experienced and knowledgeable in family law. For example, Eric J. Conrad of the Conrad Law Offices is a family law attorney in Topton, PA, who is committed to helping families through troubling times, including a traumatic divorce and custody battle.
Your family law attorney can go over your situation and the information you have collected through GoLookUp to see what kind of case you have for custody of your children. Your lawyer can advise what impact the affair may have on custody or if it will at all. While you are free to present any information you want during your divorce and custody battle, it is essential to know ahead of time what information the judge will deem relevant.
When it comes to custody, the primary focus of the court is the safety and well-being of the children. If your former spouse does not pose a threat to their safety or welfare, the judge will consider a mutual custody arrangement. It is best to work out a compromise, if possible, before going to court. As long as there are no glaring problems with the arrangement, judges are inclined to approve agreements made by the parents.
In many cases, when the divorce is not amicable, the parties involved are unable to reach agreements on their own due to a lack of clear communication. When communication is a problem, the burden falls on the lawyers to represent their clients as thoroughly as possible. That is why it is vitally important to have all of your information and research together and to have a lawyer with extensive experience and knowledge in the field.
Staff Writer; Doug Jones