I dont know about the law in Texas. It may be similar to Oregon's no fault law in that an affair has no significance on the outcome of a divorce proceeding.
However, exposing the kids to her affairs is an entirely different thing. It is irresponsible and is indicitive of a person that is not a fit parent. My wife exposed our kids to her affair and my L told me that I had an excellent case to get full custody even though the court was unfair against fathers. After a bit of a legal shock and awe offensive on my part, and time for both sides to cool down, we ended up settling for 50/50 custody, which was best for our kids.
I hope your lawyer is experienced so as to do what is right for the kids best interest.
Right now, your situation sounds eerily similar to what my brother went through. His wife and evil MIL basically took his son from him and he did not see his son for several months. He then lost in the D because of the biased court system that favors stay at home drug addicted mom's over working fathers. But years later he won full custody because of abuse his ex wife did to their son. His ex wife spiraled through many men and alcohol/drugs over the years, ultimately taking her own life. And my brother has been happily remarried for around 15 years.
I wish for your best outcome. You and your L definitely have some ammunition. Things will get better.
I dont know about the law in Texas. It may be similar to Oregon's no fault law in that an affair has no significance on the outcome of a divorce proceeding.
Kerry the Fathers rights org that I belong to that is based in Dallas told me that her adultery would not play a part in the judges decision. My lawyer tells me here in my little ultra conservative corner of the world it will have a great influence. I don’t know, but I do know that her taking my kids around 7 men and now spending the weekend with them is very bad, my lawyer also told me that the falling grades and her not helping with home work along with not listing me when she registered the kids at school will be very bad for her. I think my lawyer is a good lawyer but I get upset because he does not return phone calls, I wanted to fire him back in June but the other lawyers I spoke to told me that would be a mistake because he is very good and has a very good working relationship with the judge. A local lawyer here in town told me that my lawyer and the Judge I have hunt deer together and have been for 20 years, I don’t know my lawyer is liberal and does not seem like the deer hunting type, as long as he is effective I could care less about our political differences.
M40, W 37 M 11 1/2 y T 13 y D filed 5-18-10 S 5-29-10 OM1 discovered 6-5-10 Counter sued for d 6-16-10 OM2 discovered 8-10-10 OM3, OM4 4 kids 10, 7, & 3 D date 10-14-10 http://tiny.cc/mxzct
A local lawyer here in town told me that my lawyer and the Judge I have hunt deer together and have been for 20 years, I don’t know my lawyer is liberal and does not seem like the deer hunting type, as long as he is effective I could care less about our political differences.
I also could have cared less about my L's political differences than mine. He did seem concerned about our guns and I reassured him that I had a 3rd party keep them while the D was proceeding.
Does your L have a paralegal? I would always do as much possible with the paralegal because she was less expensive and would bring things to his attention when I needed his legal expertise.
Yes he has two but they seem only to do his paperwork I have never had any contact with them. We both have guns in our houses and no one has ever said a word about that it has not even came up.
Last edited by 40andsadintexas; 10/13/1012:02 AM.
M40, W 37 M 11 1/2 y T 13 y D filed 5-18-10 S 5-29-10 OM1 discovered 6-5-10 Counter sued for d 6-16-10 OM2 discovered 8-10-10 OM3, OM4 4 kids 10, 7, & 3 D date 10-14-10 http://tiny.cc/mxzct
Nothing new to post today, getting D-10 a cell phone that she is hideing from her mother has been good she is only one of my kids I get to talk to right now. She called me this morning when the STBEX was in the shower. I know the STBEX hates me Im OK with that as I'm not too fond of her either but I dont understand her keeping the kids from me. I'm not going to play her games and her making the kids talk to me on speaker phone is just not right.
M40, W 37 M 11 1/2 y T 13 y D filed 5-18-10 S 5-29-10 OM1 discovered 6-5-10 Counter sued for d 6-16-10 OM2 discovered 8-10-10 OM3, OM4 4 kids 10, 7, & 3 D date 10-14-10 http://tiny.cc/mxzct
I wish we could move your thread over to the Surviving the Big D forum. There are some people there that have gone through the legal stuff with a hostile spouse that could possibly give you some excellent advice.
How are you handling yourself emotionally? Do you see yourself moving on ok after the custody/legal issues settle?
90% of the time I am fine, sometimes I get down because I miss my kids. I will be fine, I am looking forward to buying a house and getting out of my jail cell apartment. My kids want a place outside of town where they can have horses and shoot there BB guns, this will be a big change from the country club that they grew up in. I am just ready to get this over with, if my wife gets custody I will not have a good relationship with my kids, if I get custody I will do everything I can to help my kids stay attached to her..
M40, W 37 M 11 1/2 y T 13 y D filed 5-18-10 S 5-29-10 OM1 discovered 6-5-10 Counter sued for d 6-16-10 OM2 discovered 8-10-10 OM3, OM4 4 kids 10, 7, & 3 D date 10-14-10 http://tiny.cc/mxzct
I am just ready to get this over with, if my wife gets custody I will not have a good relationship with my kids, if I get custody I will do everything I can to help my kids stay attached to her..
So fight with everything you have. You can fight for your kids and still take the high road. You'll never go wrong doing what's right.
IMO, she does not deserve the kid glove treatment from you. This is her choice and, in the end, all you are doing is giving her what she wants; freedom.
I agree and hope that's what I am doing. I am fighting her using every ounce of info I can taped phone calls facebook pages and yes my kids. To every one that says not to involve your kids they are probably waw who don't want there kids to know what they are up to, oh I forgot mine tells ours what she's up to.
M40, W 37 M 11 1/2 y T 13 y D filed 5-18-10 S 5-29-10 OM1 discovered 6-5-10 Counter sued for d 6-16-10 OM2 discovered 8-10-10 OM3, OM4 4 kids 10, 7, & 3 D date 10-14-10 http://tiny.cc/mxzct
