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Originally Posted by
DoulaLC
Unless the mother was proven unfit... and having an affair does not constitute being unfit... as a spouse, yes, but not as a parent, he is correct... odds are good his daughter would remain with her mother. The 13 year old may be asked for his input, depending on where they live, but it won't usually carry a great deal of weight on its own merit.
I've been there, done that. I was 10, my sisters were 12 and 8. We KNEW who would be the more capable parent. Maybe all kids don't but there were no doubts in our mind that we should go with our mother. It made me furious that no one ask ME what I wanted. Children don't have a voice. I think that is so wrong. You better believe I use my voice now.
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In some situations it would be nice for the kids to have more say so, but young children should not be asked to choose between their parents, and that could be difficult for an older child as well. It would not be unlikely that a child would tend to side with the more lenient parent, not necessarily who would provide a more stable environment.
This is always a possibility. My point is, what will it hurt to hear them out. You can tell when a child is earnest and when they are b.s.ing.
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Having an affair, and not knowing what she wants in her relationships, does not make the mother crazy. Disrespectful... sure, unfaithful... no question, but not crazy. The OP does sound like a loving and caring father... but so too may be the mother to her children, and obviously we only hear one side of the story.
I beg to differ. Having the affair is not what makes her crazy. What makes her crazy is that she thinks she can continue the affair AND still be married to him and reap the benefits that her marriage brings to her. She is crazy because she is in the wrong YET, she still wants to call the shots.
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Retaining a lawyer is of the utmost importance... doing so before the wife may also result in some benefit. If there are documented incidences of instability or less than sound judgement on the mother's part in the past, that will be presented. If there isn't, it then becomes a case of "he said" "she said", which is all too common in divorce proceedings.