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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My wife committed adultery. She is pregnant from the other

Customer Question

My wife committed adultery. She is pregnant from the 'other' She is considering abortion. I am willing to reconcile should she pull through. However, should she not I want immediate divorce. We have 4 kids together. Should she decide to keep the baby I want her out of the house and away from our children at once.....any chances? We live in Texas
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX X am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Possibly. The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

So you'd have to show you'd be a good (better) parent than her to the other 4 kids. Obviously, the affair plays against her, but is not a "lock" for you.

The courts generally do not like to split the custody 50/50 since this is hard on the child – imagine having to move every half a year.



One parent usually becomes the main caretaker (in many states this is called the managing custodian) and the other parent becomes the "weekend" parent (often called the posessory custodian) which is every Thursday, every other weekend, and alternating holidays. The minute points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.



Even if a parent does not get managing custody, they are almost guaranteed the posessory custody unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even posessory custody, although supervised visitation may be granted by the Court.



The posessory parent pays child support to the managing parent, unless the managing parent declines it. All states have a preset salary percentage calculation for child support, but this can be altered if both parties agree to a lesser or higher amount or do not put child support in the orders all-together - the Court will not care.




Best of luck in your matter. I'm here if you need any more clarification or follow up info.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86376
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

What are the required steps to file for immediate divorce?

Do I look up a local lawyer?

My goal is custody of the children, house, car, etc. and I want her to pay child support.

I want her out of the house immediately, can I file a restraining order? I fear for the children.

Any other advice?

thanks+

Expert:  Ely replied 4 years ago.
Hey sorry for the wait - 1) Steps to file include filing a PETITION FOR DIVORCE. You can hire an attorney, or go to legalzoom.com. You may also file for Temporary Orders to be in place while the divorce is pending. If uncontested, there is a wait time of 60 days before filing and actual divorce. If contested, she can drag it out for 6 months or so.2) Yes, get an attorney. I can help you find an affordable one if you'd like.3) You may file for a restraining order as part of temp orders, but unless she is actually a danger, it might not be granted.4) Plenty of other advice - what do you need to know?

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














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