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.