Family Court judges in all 50 States use the same rules and the same standards when deciding custody of children and that is, what will be in the best interests and permanent welfare of the children. Judges do not expect parents to be saints, but they absolutely expect and require that each parent does not expose the children to the parents bad habits, or to the parents’ extramarital affairs. The fact that your soon to be ex-wife does not seem to care about what your young and impressionable children observe, will work in your favor, should you decide to seek full custody and the Judge will not make any apology for removing your children from this unhealthy environment which your wife has created. All Family Court Judges maintain the same standard – ‘What the parents do once they are separated, is their own business, but once a parent exposes young and impressionable children to the parents’ indiscretions and immoral behavior, it then becomes the Family Court’s business and a Family Court Judge will not hesitate to remove the children from this immoral environment and go as far as prohibiting the adulterous parent from exercising custody or visitation as long as they expoe the children to the unhealthy and immoral lifestyle created by the parent.
Therefore, if you chose to file a petition to Modify Custody and seek to prohibit the mother from any type of custody or contact as long as she continued to expose your young children to her immoral behavior, you would have an excellent chance of succeeding. And, the mother would be prohibited from raising your adulterous affair as her defense. As I stated above, Family Court Judges do not expect parents to act like saints. However, they do expect each parent to avoid exposing their children to their immoral behavior.. Therefore, if you chose to file a Petition to Modify Custody, you wife would not be able to use our affair against you against you, as long as you never exposed your children to your affairs. Family Court Judges have granted custody of children to a mother who earned a living by working in a brothel where the mother was able to prove that she never exposed her children to her chosen profession.
Lastly, since the house was the marital residence, you could very easily ask the Judge to award you the fair rental value of the property if she continued to occupy it with her paramour as well as prohibiting her from bringing the children there and exposing them to her immoral way of life.
Please let me know if you need clarification on anything and I will be glad to explain further.
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