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mkc1959, Family Law Attorney
Category: Family Law
Satisfied Customers: 616
Experience:  Practicing attorney with 26 years of experience.
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Can I lose custody of my 2 year old for having an affair Its

Customer Question

Can I lose custody of my 2 year old for having an affair? Its been off and on for about the past year now with the same guy and we are currently separated, me and my husband, and he went into my car while I was in church and went through my phone and saw that I was still talking to this other guy and that I sent him a picture of me and my daughter...He seems to think that he can take her from me and I dont know what to do
Submitted: 5 years ago.
Category: Family Law
Expert:  mkc1959 replied 5 years ago.

mkc1959 : The issue will not be an affair unless the relationship is having an adverse impact on the child.
mkc1959 : The only issue before the court will be the best interests of the child.
mkc1959 : Your ex's actions of violating your privacy will likely not be looked at favorably by the court.
JACUSTOMER-v496yylx- :

So what does that mean, there is no impact on her other then him saying that I took her out of the home and I broke up her family and all that kind of stuff, but right now we have it to where we both see her equally, and now he says if I dont come home he is taking her from me and going for full custody

mkc1959 : Just be the best mother and parent overall because that is what the court will consider. Except for abuse of a child, there is no single fact that will be dispositive.
JACUSTOMER-v496yylx- :

thats good to know, should I try and report it? He has acess to my spare key but his name is nowhere on my car note or phone bill..

JACUSTOMER-v496yylx- :

ok thank you...does it matter if I should pay an arm and a leg for a lawyer or just find someone affordable, like will they both be able to do the same thing?

mkc1959 : It is difficult to know. I would not want you to take any action that would trigger some confrontation. You should write him and inform him he has no permission to be in your car, checking your computer, your cellphone or any other private matter.
JACUSTOMER-v496yylx- :

ok, I will do that. Thank you for your advice

mkc1959 : Best wishes.