My husband was cheating is that help for the kids to stay with me?

Aug 8, 2012 by

Question: 

Who decides who keeps the kids because I want them to stay with me, my husband was cheating is that help for the kids to stay with me?

State: 
Texas

Answer: 

If you and your husband are able to come to an agreement about custody of your children, then the court will not have to decide custody and visitation.  This would be less expensive and probably less stressful for you.  However, if you are unable to reach an agreement, then a Texas court will decide custody issues based on the “best interests” of the children.  The court will presume that joint custody (shared custody of your children between your husband and yourself) is in the best interests of your children.  

If you believe joint custody is not in the best interests of your children, then you can prove this to the court.  If the court is deciding on whether to award primary custody to one parent, it will consider the health, safety, and welfare of the children.  The court may look at the mental and physical health of each parent, how close they live to each other, the history between the child and the parent, and any evidence of child abuse.  Also, if you have any children that are over the age of 12, the court will consider his or her preference.  The fact that your husband cheated will not be taken into account unless, for some reason, it affects the best interest of your child.  

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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