husband chance of winning child custody if he is sued for adultery

[Vladislav]

my sister is planning to sue her husband for adultery as he admitted to having sex withhis new gf. But her husband is bent on getting her 2 kids (1 gal one boy) who are 9 and 12 respectively. I knew usually the husband has a rare chanc eof winning the custody but her husband threatened to show prove to the court that she is mentally incapable of taking care of the kids as she has mild depression for a veyr long period and my sister wasnt takign care of the kids all these year. Besides, her husband has a much higher earning power than her lthough she is also capable of providing for the kids. This worries my sister to have the divorce and we haven't go to a lawyer syet as we are still thinking over it. Anyone has similar experience or knowledge to advise? Appreciate that....

[Naomi]

Chances is still slim tat the husband cnt win i guess.. Even the husband higher earning gd!! meaning higher alimony to her... As u say mild depression I dun thk tat a prob... Blame the depression to her husband tat he is the cause oif her depression lagi best.. Claim medical expenses oso...

Talk to a lawyer, chances husband dun get kid

[imcbook]

well i m not a lawyer or i have not been through wat ur sister has been through....
But from what i know usually children will go to the mother unless the husband has proof that the mother is incapable of looking of the children...but usually the children need the mother more...thats what i know...usually children who is young (below the age of 12)....but then i m not someone who can advise as these is only things i think it happened....

And ur sister can counter sue....to get her children back if she can proof she can look after the children and able to afford them....the social workers will actually look the state of the house/and how much she getting pay etc.....

but do inform u that lawyers isnt cheap so do caution that....

[pipokun]

usually for young children da custody will be to the mother... regardless of whether anyparty is involved in adultery...

but since one of the kids is already 12 yrs old.. sometimes.. da court will also see the kids reaction as in who they wanna be with...

Your sis case's is abit diff.. since she is suffering from mild depression.. and there is a certain period dat she did not take care of the kids.. henceforth a losing part here...

nevertheless.. it would be best to seek proper legal advice.. coz we are all not legal professionals..
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[gaijinalways]

Firstly if the husband wanted to win custody in court... he would not even admit adultery in court which will only help him lose marks.

The wife will have to prove with pictures that adultery is committed.

So i believe the husband will fight for a divorce & custody and push on the fact that the mum is mentally unsound.

Btw kids will have decision power to decide who they want to be. So if they choose to be with mother, this will increase the chances of them to be with the mum.

However, there may be a need to get a certification from qualified doctors that she is mentally & physically healthy.

[ricecake]

Hi,

You should be accompanying your sister to have a talk with a good lawyer. Not necessarily to sue but your sister can go and get advice (although they charge by the hour). But I think this helps to address all your sister's doubts, provide her with available options as well as what your chances of winning are, should your sister decide to go to court and proceed with the divorce.

I think the forum members are great in giving their kind thoughts but unless there's a lawyer willing to add more info here, I'd really suggest you talk to one real soon. Debating with family members might not really help unless they have a grasp of the workings of the law?

Take care.

[BalaFurf73]

The situation is similar here. Last time I was in court with her, she told me that she told him I was dead. Whether she actually did that or not is another matter, but she has done similar things. At the divorce, I told her that I would not tell people I left because of her infidelity. The cover story was we just didnt get along. She then proceeded to tell everyone that I cheated, beat her, or in a few cases, that I was gay. LOL

Ive been exploring all my options. There doesnt seem to be any out there, but I will keep this thread updated if there is a change.

[jundede09]

I would say he was mental, but that would just get him a get out of jail free card

we need to redo the insanity definition, insane people can and do commit murder imo