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Denver, CO 80206

Divorce and Custody Issues due to Affair

My wife and I have been married for 8 years and two children (2 years and 4 years of age). A few days ago, my wife informed me she was pregnant; in addition, she stated the child might not be mine. She apparently had an affair for a few months which she states she now regrets, but may be carrying someone elses child as a result. I am not sure what to do. Should I decide to get divorced, do I have any chance of getting full custody of my children (my wife states no as this typically is awarded to the Mother)? She has been a good Mother, and I felt I have been a good Dad, but the fact of her carrying someone elses child is hard for me to deal with; let alone the father to be keeps calling me at work and home to inform me about the affair (I don’t want him to be around my children).

The fact that your wife had an affair does not by itself impact custody. If your wife is living with this person and has issues which affect your children’s safety or well being, the court will certainly consider those factors in awarding custody.