Would I need to get official custody first or could I just take the kids? I know there may be legal consequences but have not looked into it.
In regard to evidence. Will I need phone records and such if it comes to custody battle? I am not able to get text messaging records, only voice, since she has prepaid cell phone, thought the account is in my name.
Also should I take her paycheck out of the mail and deposit it without telling her? When we moved a couple months ago I put the apartment in my name only since she did not want to be financially responsible for it. Since my income is not even enough to cover the full rent, my father in law acted as a cosigner, and has also been hesitantly supplementing to meet rent this past month. I know I need more income quick.
I set up a bank account in my name only when we got this apartment because I borrowed money from my parents. My wife was pissed that I didn't tell her until after the fact but I was really unsure of what was going to happen. Both my wife and I have had trouble being completely honest about finances and budgeting all along. This is one of our major issues in our marriage.
You should contact a divorce attorney asap.
I know that some have suggested that you leave the house if she needs someone to watch the kids on her dates etc.....However in a custody case you want to be seen as the parent that STAYS for the kids.
You are at a crucial point.
I am a father of 3 kids and my wife had an affair, made a false promise (s) to end it, and demanded that I move out.
But I stayed .....so she ended up leaving for longer and longer periods of time.
Eventually she was gone for days, weeks at a time. Disappeared.
Today I have custody and my kids are doing well in a safe loving home.
You need a good lawyer.
Also make sure you carry a voice activated recorder on you at all times (hide it on you, even in bed)
Do a background check on OM (my wifes affair partner was a dangerous violent felon)
Become involved in all children's activities.
Take a parenting class (churches and some cities offer these)
Get a plan on where to live without wife being part of finances.
Most courts won't allow you to leave the state.
Also under no circumstances should you leave the home until you speak to an attorney.
And if wife tries to lock you out, call your attorney and a locksmith. Call the police.
Do not threaten your wife, my attorney told me a lot of male clients get mad and hit the om or the wife and it hurts their case.
If wife disappears with the kids, call the police.