My wife has had 2 A's since our marriage 3 yrs. ago. This I only found out in the past 5 months. The OM she is currently seeing has some serious temper problems. In fact his last marriage diddn't work because of the physical and mental abuse his wife took during their marriage. My question is, my W has stated she is divorcing me for him, and she doesn't believe any of the abuse stories. Also, since this A started she has been away from the house quite a bit, and isn't much into cleaning, doing laundry, etc. She also goes out, and is gone much longer than she says she'll be, and therefore our 2 yr. old son is always missing her, and yelling for mommy. I live in the state of WV, and if the D goes through, I am going to fight for custody of my son, as I do not want him anywhere near an abusive situation. Also, my W's family said they will do anything for me to get custody of my son, as they know how their daughter can be, and they, as I, believe that the only thing important in her life now is her A. I have kept a journal, and have noted times she has been VERY late coming home, as well as times I have found out that she has had our son at the OM's house. What are the chances of me getting custody based on the above? I know that the laws do not favor the wife as much as they used to, but I am not sure. And I do not know how much HER parents voice will count. Anyone that can help, I will appreciate it greatly. Thanx in advance.

confused,<p>I also live in WV but being a female, I'm not too sure about how easy it is for fathers to get custody. I know that it can be done though. <p>If you can prove that the OM is abusive, you should be able to at least get an order from the judge that keeps you W from taking your son around him. This will at least protect your son. <p>My best advice is to get a good lawyer and do what you have to to make sure your son is safe.<p>Good luck,
Mitzi [img]images/icons/smile.gif" border="0[/img]

confused,
You need to know this, you will probably not get full custody, most states push shared parenting unless there is abuse or drugs/alcohol. <p>Even if you would get full custody the mother will still get visitation. Your best bet whether you go for full custody or shared parenting is to get a restraining order preventing her having members of the opposite sex around when the kids are there.<p>Also, don't rely on her parents for help. Blood is usually thicker than water. If she starts telling her parents how happy she is and will be with this guy, they may buy into it and you will be left out in the cold. <p>I don't know your in-laws, but this is the usual scenario. Do what you have to do, but don't depend on them for aid.<p>Hang in!

Well, is this situation, her parent are behind me %200. I have no worries there. Do their say so have any bearing?

Ther being ther for you would probably be helpful,
but I agree that you will find that blood is thicker than water and they might try and do more for thier D when they find out she is serious about the OM.They might be afraid of losing on both ends of a doubled edged sword.

Beleive it or not I got custody 25yrs ago in ohio, from my first wife. keeping a jornal was the key for me, times, dates missed events anything you do for child counts keep good records. I am in ohio right next door to you. It doesn't seem to matter here why people divorce, it comes down to finances in ohio. and custody at best is joint now.

I have been keeping a journal, as it seems I am doing doing more for our son than she is. I also am keeping all of the letters we are writing back and forth, as the W doesn't like to talk as much as write. In those letters she admits getting high on 2 occasions with the OM. I am sure that will count for something. Anythings besides the journal, I should be doing?