Adultery and Custody in Indiana?

Question

My boyfriend and I were involved in an affair and he is getting a divorce to be with me. He has 2 children ages 13 and 14. He moved out 3 months ago and they have no formal custody agreement in place, they've allowed the kids to decide who to stay with at any given point. Now that he's officially filing for divorce though, she is threatening to use the adultery factor to limit his access to his children. I live 4 hours away and my involvement with his kids will be limited until after the divorce is final, so me living with him or anything like that I can't see being a factor. What are his chances of getting joint physical custody and can she use the adultery against him with the custody?

Serious answers from people familiar with Indiana custody only please. Also please refrain from commenting on why he is leaving.

Answer 1

yes she can because he was not too worried when he started cheating. now you want joint costudy of her kids. you already stole her husband now you want her children? oh plzzzz. those kids deserve to be with a stable parent not someone who will run outside of family to s***w around

Answer 2

If IN is, in fact, a "No Fault" divorce state, then nothing will matter to the judge.  The courts just don't care about who did what to whom in No Fault states.

He needs a family law attorney familiar with IN laws.

Answer 3

I do believe that she has to prove adultrey, not that he said she said stuff...like photos and things. If she can prove that then she will just about get everything, as far as the kids go, it will most likely be a joint custody, but at that age they can just about divorce a parent if they want to.....

Answer 4

In Indiana adultery does not come into play when getting divorced.

The children will probably have alot to do with who gets custody, they are of the age that court will ask them what they want.  So it could go either way, good luck.

Answer 5

Indiana is a "no fault" divorce state.  His divorce case isn't going to be the first one that a judge is going to hear about adultery and, quite frankly, they don't want to hear about it...unless, it's rudely displayed in front of the children and/or the children are being exploited somehow.

Tell him to get a lawyer.  You're not going to find all the answers he needs for a custody suit here on Y!A.

Answer 6

I'm not intimately familiar with the laws in IN, so your boyfriend would need to check with an attorney to be absolutely certain.  While adultery can be grounds for a divorce, it typically doesn't result in a parent being denied custody and/or visitation.  Joint physical custody would, of course, require him to remain within a reasonable distance of his ex to make exchanges more reasonable.  It will definitely help him if he can show intent to remain in the area.  Beyond that, it will really come down to whether or not he can get the ex to agree to it or, if they can't agree, a judge deciding it's in the best interests of the children.  In the past, it was pretty commonplace for the mother to be granted primary custody.  As more information has become available regarding the negative impact on children of not having a father figure, things are beginning to change.  It's becoming more common for courts to order shared parenting, or even for fathers to be awarded primary custody.  I honestly don't believe that the adultery alone will prohibit your boyfriend from having a chance at what he wants.  His attorney will be able to offer him the best guidance on how to proceed.  Good luck, and I hope it all works out well for him and his kids.