Affair, separation and legal statement from Mistress?
I caught my husband with his Mistress... Because of this, I went through our phone record. I found a second Mistress. I befriended this one, behind my husband back. I got her to write a legal statement about their conversations, dates of being together and their sexual experiences.
We have a 7month old daughter and I want full custody. Would this legal statement help me to get full custody? Or does that have nothing to do with it...?
browneyedgirl6232009-09-16T09:16:51Z
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as long as your husband has not been exposing your daughter to experiences that would harm her, this evidence would not be considered.
First thing you need to do is get an attorney. The first one to file suit is usually the one who has the better shot. Granted judges side with the women more than men but not in all cases. So get an attorney!! If it becomes nasty yes the statement will help depending on the content. But an actual testimony from the second mistress will go further.
It is still against the law in most states to have an affair although this law is rarely enforced. But it still makes you and your child the victim. Get an ATTORNEY!!!
Adultery is still grounds for divorce in most States, but it is not a basis for a denial of custody rights.
In all US States the legal presumption is that parents will share joint legal custody of their minor children. (Although in the case of an infant the mother will almost invariably get *physical* custody with the father getting generous visitation)
To counter that presumption requires that you be able to satisfy the court that he is an unfit *parent*. Being an unfit *husband* has no relevance to that.