CAN MY HUSBAND TAKE MY KIDS AWAY FROM ME??

Question

We ARE in a divorce !! and he want to take my kids away from me !!

but if i cheated on him can he take them away from me ????

Answer 1

Only if you are unfit. You would have to be a proven drug addict or murderer. Other than that, I don't think so. Don't fall for his threats.  

Answer 2

maybe if he has a really good lawyer and proves that you are a unfit mother.

Answer 3

Yes, it depends on what state you are in. Who can provide the most stable environment for the children. If you cheated and he has proof, and he has not, in some states he can.

Answer 4

From what I know  in the state of Virginia cheating on one's husband has nothing whatsoever to do with custody.

Answer 5

He has to prove  you as an unfit mother...just because you were not a good wife does not mean you are a bad mother.  He may be doing this because he is angry and hurt...so you better lawyer up and soon.

Answer 6

Only if he can prove you are an unfit mother. If you are an unfit mother, just let him have them. Kids deserve two sane parents who care for them. If you're not unfit, you have nothing to worry about.. good Luck!

Answer 7

not on just that alone but it won't help your situation better have a good lawyer  

Answer 8

cheating is not a reason to take children from their mother.....do you physically or emotionally abuse the children? do  you leave them alone for days at a time to take care of themselves...do you do drugs and if you do, do you do them infront of the children?? if you can say no to these and other questions the answer is prob not....

Answer 9

Neither parents' extramarital affair generally figures into divorce and custody.

He would about have to prove you were incredibly unfit in order to get custody from you simply because he is a man.

I had a friend who was his daughters' primary caregiver as he did not work as long hours as his wife did. He was very involved in their lives. They adored him. Their mother:

a) put no restrictions on the junk food they ate such that each was at least 50 pounds overweight. She herself was quite obese. This all could have been solved by proper diet for the girls and it's not just that she wouldn't bother, but she encouraged them to help themselves to ice cream and full bags of chips to keep them busy;

b) during the process of separation, she physically attacked her husband and was taken to jail. He had never physically attacked her and she did nothing to claim that he did, only said that her attack of him was "nothing" because he had no mark or injury to show for it, though that was only due to his skill in akido, a martial art that allowed him to deflect her attack.

c) She has a diagnosis of OCD and acts crazy and yells at the girls.

d) though she agreed in court to keep the girls in the town where they'd grown up, at their same school, and in close proximity to their dad, she basically perjured herself and told him privately that as soon as the ink was dry on the divorce decree, she was moving 500 miles away with them.  Her plan once there was to have them stay alone after school until she got home at 7:30 when had they stayed in their town, he could have watched them after school as he got off at 3.

Despite all of this and more, she got primary residential custody of the girls while he has to visit completely at his own expense and gets them for decreasing periods in the summer because she enrolls them in summer school etc. for the sole purpose of decreasing his summer visitation. They don't have any academic problems and are very smart in school.

So...even if you were as much of a s***k as this woman, you still are quite likely to get primary custody.

I wouldn't worry.

Answer 10

yes he can if he can rove that you are a bad mom