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Wife adultery but file single petition for full custody for daughter

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asked on Jan 3, 2016 at 04:49
by   RedAlert
Hi, my wife conducted adultery with a married guy. After ran away for a year she filed a single petition for divorce and full custody of our daughter that currently stay with me. She also asked for alimony and maintenance. In the list of petition listed lots of fault statements like hardly to access to her daughter and was deserted with me for more than 2 years. How do the court see this case because I got all the evidences for her fault statements. Will the judge look into consideration if I want the full custody our daughter?
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5 Answers

answered on Jan 3, 2016 at 04:50
by   RedAlert
Daughter 7 years old.
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answered on Jan 3, 2016 at 06:48
by   jeff005
got all the evidences for her fault statements. Will the judge look into consideration if I want the full custody our daughter?
Fraudulant statements (Affidavits) does not mean she is a bad mother only a nasty spouse.
Is your child below or above 7 years of age at point of filing single petition?
The is a bias Divorce Law which awards a child of 7 years old to the mother (can be contested).
Is there any breach of DVA?
Is the mother working in gainful employment now and before leaving the house?
Proof of adultery is just proof of marriage breakdown and divorce is granted.
Child custody is more complex.

Personal Opinions
Secure the services of a mediator.
Do give Joint Custody to the mother and allow her reasonable overnight access to the child.

Rdgs

AmberAlert
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answered on Jan 3, 2016 at 16:41
by   RedAlert
Hi AmberAlert,

Fraudulant statements (Affidavits) does not mean she is a bad mother only a nasty spouse.
How if got prove to show that she neglected the child during her affair? 

Is your child below or above 7 years of age at point of filing single petition?
Yes, turning 8 coming May.

Is there any breach of DVA?
Sorry no quite understand.

Is the mother working in gainful employment now and before leaving the house?
Yes

Is the fault statement that she made in her petition will give me advantages ?
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answered on Jan 3, 2016 at 16:45
by   RedAlert
We are no separated for two years but only one year, sld she go to JPN first to get the reconcile cert. But in her petition she lied that we separated for 2 years.
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answered on Jan 4, 2016 at 05:53
by   jeff005
Hi RedAlert

How if got prove to show that she neglected the child during her affair?
Can share what type of "Proof". "Neglected" in what manner?

DVA
Domestic Violence Act

Is the fault statement that she made in her petition will give me advantages ?
Personal opinion:-
Depending on type of statement.
Generally there is no material advantage even for child custody purposes.

she go to JPN first to get the reconcile cert
Has she done it? Or U? That is NOT a reconcile Cert.
Is there a Divorce Petition really been filed Yet? Or just a lawyer letter indicating her T&C of the divorce?

in her petition she lied that we separated for 2 years.
It does not matter whether separated for 1 month, 1 year, 2 years.
After 2 years of marriage, any spouse can file for divorce.
If one spouse do not want to divorce, then have to go through JPN Marriage Tribunal (for formality).
"Living Apart" and "separation" are 2 different situations.
Your case is more of living apart with "consent".
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