Ashburn, VA asked in Child Custody and Divorce for Virginia

Q: My wife was cheating on me (i can prove it), can i keep the custody of my kids

I work in the tech field and for the past year or so, my wife has been cheating on me..before her parents were with me but suddently they have made a u turn and are telling me to continue my life as is which means that i should be ok with her seeing the other guy (totally absurd). Ofcourse I am not ok with this setup and would like to get a divorce but i am worried about my children and i cannot let them be with their mom as she is not a person who can take care of them as she is more worried about herself than the kids. Please help!

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1 Lawyer Answer
Sharon R. Moss
Sharon R. Moss
Answered
  • Divorce Lawyer
  • Manassas, VA

A: There is no presumption of mother over father for custody in Virginia. The court will look at what is in the best interests of the children when they are deciding on custody. You will need to have evidence that it is in the children's best interest to reside primarily with you rather than your wife. For more case specific advice, please consult an attorney.

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