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I drunkenly cheated on my husband last night, I barely

Customer Question
remember doing it. Can he...
I drunkenly cheated on my husband last night, I barely remember doing it. Can he get the kids in a custody battle because of my mistake
Submitted: 7 months ago.Category: Family Law
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11/18/2017
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,952
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Was this the first time? Were the children around at the time?
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Customer reply replied 7 months ago
I’ve never cheated before this, and no they were at home with a babysitter. Would this hurt my chance of getting custody
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
Thank you for the reply. No, it should not. If this was an isolated event and the children were not present or aware of the situation, it should not effect your ability to get custody. A judge will always act in the best interest of the children when deciding custody so this should not prevent you from getting it
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Customer reply replied 7 months ago
Y It all started with me being drunk almost passed out on the couch, and then This guy from work started grouping me, and then I started falling asleep so he helped me into his room, and he kept touching me, I tried to stop him but I also didn’t want to so I kissed him but then I stopped everything and had a melt down but I was too drunk to drive so he said we could lay down and not do anything but then he touched me again and I freaked and left, what about a divorce, how will it affect my divorce? If he decides he wants one. He hasn’t decided but I just want to know what I’m getting into. We’ve only been married since August
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

You may want to consider speaking with the police and filing a report against this man, as what you described could amount to a sexual assault / rape.

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Customer reply replied 7 months ago
How is it sexual assault though if I kissed him at one point? I mean, I don’t want to get in details, but I was turned on and the guy knew it but I was still pushing his hands away...
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

If you told him to stop and he didn't, his conduct could amount to this. You have a right to tell him to stop and to not go forward. The fact that you kissed him does not mean that you could not stop this at any time and if he proceeded and was forceful or took advantage, based upon the fact that you were impaired, his actions are criminal.

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Customer reply replied 7 months ago
What if he was also impaired, and when I tried to talk to him this morning about it he said that he blacked out and that he was sorry and I should have kicked him in the balls...
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

It is up to the police to decide, once they take your statement and investigate. It is at your discretion to report this, as you may be a victim. It is not up for me to say if what he did was right, as you described things which are very concerning. You do not have to be a victim and if you believe you were, should speak with the police.

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Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

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Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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