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My wife voluntarily left our house and is getting an apartment.

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I begged her to stay...
My wife voluntarily left our house and is getting an apartment. I begged her to stay and said we can work it out. Can I get full custody of my kids in Delaware?
Submitted: 2 years ago.Category: Family Law
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Answered in 6 minutes by:
7/9/2015
Family Lawyer: Roger, Attorney replied 2 years ago
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,797
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is ***** ***** I'll be glad to assist. Obtaining full custody is very difficult and not probable unless there is good cause to prohibit the mother from having some type of custody......and the fact she moved out - in and of itself - is not enough to guaranty you full custody.
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Family Lawyer: Roger, Attorney replied 2 years ago
There would likely need to be proof that the mother has totally abandoned the child and has no intent to maintain a relationship with the child in order to make full custody more likely.
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Customer reply replied 2 years ago
She signed lease with apartment and is prob with another guy. She wants to split custody although we're not divorced. What if I can prove she's cheating and has a guy over at her apartment?
Customer reply replied 2 years ago
If I can keep kids at house full time, will that help gaining full custody?
Family Lawyer: Roger, Attorney replied 2 years ago
The court is ultimately going to do whatever is in the child's best interest......and that would likely be to grant joint custody (with a primary parent) and visitstion to the non-primary parent.
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Customer reply replied 2 years ago
So if I stayed in their house and she moved to apt, would I get to be the primary and her visitation?
Customer reply replied 2 years ago
Stayed in our main home I mean.
Family Lawyer: Roger, Attorney replied 2 years ago
Being able to keep the children full time could certainly help you gain primary custody.
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Customer reply replied 2 years ago
How do I prove to court that they're in house full time?
Family Lawyer: Roger, Attorney replied 2 years ago
You can testify to that fact.....and so can the children.
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Customer reply replied 2 years ago
The children are only 7 and 4. Would proving her infidelity have any impact on alimony, child support, etc? How would it be advantageous me as the husband or are there no repercussions for just up and leaving your husband due to affair?
Family Lawyer: Roger, Attorney replied 2 years ago
The judge can still speak with the children (probably in chambers /in judge's office instead of in the courtroom) about their preference. Also, her infidelity would not impact child support......but it could impact alimony if she's shown to be at fault. Her moving out and leaving for someone else should help you with gaining custody and with alimony, BUT it isn't likely to result in her losing all custody rights.
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Customer reply replied 2 years ago
I know her phone texts will prove that's she's cheated and is cheating, but I can't access them. What else can I do?
Customer reply replied 2 years ago
Or is it even worth it since she only makes a little more than I do.
Family Lawyer: Roger, Attorney replied 2 years ago
You can issue a subpoena duces tecum to her cell phone provider and get the messages. You can issue a subpoena through the divorce case.
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Customer reply replied 2 years ago
Great. So is it more beneficial for me to file for divorce or if she does it? Or does that matter?
Family Lawyer: Roger, Attorney replied 2 years ago
It's usually better for the person who files in the long run because you are able to control the action more.
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Customer reply replied 2 years ago
Another question, is a subpoena duces tecum that exposes provocative info and looks like sexual activity was involved through texting valid to prove an affair and if not, what's the best way to prove affair in court without getting into bedroom? Also, do I have to file for divorce to get subpoena duces tecum or could I file it against her or her boyfriend based on any reason?
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Roger
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,797
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Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

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