What Effect Does The Ground For Divorce Have On Custody?

Albany divorce lawyer Asa NeffQuestion:

My wife is consenting to a divorce on the condition that I list abandonment or adultery as the ground for divorce rather than no fault because I cheated on her and moved out of the marital home.

I’m concerned about what effects the ground for divorce could have on my child custody case.


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New York divorce laws where I am licensed to practice.

In general, these days the courts will not take much into consideration regarding a child custody determination other than the individuals themselves and their relationship to their children.

If you are and have always been an involved and active parent, than no matter what happens between you and your wife and any cheating that occurred, the court will give you fair consideration when deciding custody.

However, my primary concern about admitting to abandonment is that your wife could claim that you abandoned your child in addition to her.

If you can show that you kept close contact with your child even after leaving the marital home and continued a relationship with him, then the court will consider that as well.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New York Divorce Lawyer Asa Neff, contact Cordell & Cordell.

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One comment on “What Effect Does The Ground For Divorce Have On Custody?

    My wife left home about three months ago, she took my two babies 3yr. Old and 5yr. She travels to houston to go see her know boyfreind and takes my children over to Mexico to her moms where theres been shooting, putting my children at danger, i have proof she committed adultery, she is not working, her boyfriend supports her, i have a full-time job and only work four days out of the week, can i get custodu of my children?

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