cheating spouse

[TXdadof2]

I posted this for Soc as well, but I would like any insight that you may regarding this:

Tx case
Wife filed for divorce (slapped, ran, hid with kids); 2 children (ages 4,7)

I have gathered enough evidence and such to unequivocally determine my STBX is having an affair with a particular individual.

I am considering hiring a private investigator to gather admissable proof.  I understand that I am not going to gain full custody due to the affair.  I'm asking for 50/50 equal time with me as primary custodian.  That has been my position since day one.  

I also know that the court may minimally weigh the affair issue.  However, my wife has worked hard since day one of the divorce process to "paint" herself as a victim of intimidation, mental abuse and cruelty that comes from a controlling, unreasonable husband.  She's quite good at this tactic.  I do not declare myself a saint, but the accusations are unfounded.

There is NO evidence of any physical abuse whatsoever.  

As far as the "mental abuse" and how much she has to substantiate her claims, I can only tell you that, while she's surprisingly good at playing this newly-found victim role, I am not an abuser...mental or physical.

1)  In your opinion, by hiring a private investigator to prove that there is an affair (which I already have proven on my own but now want to gather "official" evidence), will this show the Court that possibly her tactics are motivated by something else than the accusations against me?  

2)Do Ad Litem attorney's typically seem interested in this kind of information, for the sake of the children?

[purrrfectgirl]

Hate to say it, but in the world of feminism and no fault divorces (even if you can prove the other parent at-fault) there will be no consideration for a cheating spouse.  Don't waste your money on a PI.  DH had handwritten letter by his ex.  She told of the abortion she had of another man's child, about the affair that was going on while DH was still living with her, about how she can't wait to divorce DH and marry him.  She was found at-fault for the divorce due to adultery.  But she got most of the property (about 80%), custody of the kids, and over $13,000 a year in CS.  I don't think it will make a difference.  Best of luck to you.  My suggestion is to file a counter claim for temp. custody due to the fact that she moved the kids and find a great lawyer.  Good luck!

[msme]

May I ask what county you are in? We are in Wichita county.

You never get a second chance to make a first impression!

[TXdadof2]

I am in Texas and Harris County.  

[Lawmoe]

In a "no Fault" state, affairs are irrelvantto issues of custody and parenting time.  Moreover, even in fault based states, it generally only allows you to avoid a cooling off or waiting period for the divorce to be finalized.

Proving the affair is wasted money unless you can use the investigator to do a background check and determine the person is a danger and it is not in their best interests to be exposed to this person.