If my wife recently had an affair, what legal rights to I have regarding custody?

We have been married for 12 years, and have 3 kids. All assets are in my name. I don’t want to lose home or custody of my children.

Asked on January 9, 2013 under Family Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Public policy in all states in this country is that each parent unless proven to be unfit should have some semblance of custody and visitation rights as to his or her child. Given the serious situation that you and your family are in, I suggest that you consult with a family law attorney to see what your legal options and recourse are with respect to your spouse and child custody issues.

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