Stay at home father wants custody

[aoccc]

What is the name of your state? IL

Just kind of wanted an idea of what the courts look for when fathers actually get custody. I have a 2 year old daughter that I stayed at home with and raised. Wife cheated on me(internet logs), she admits it(probably won't in court), and I have to leave. So now I have a full time job and I want to know what are the courts looking for with cases the the actual father gets full custody or am I risking not getting joint custody which my cheating wife says is fine. Thanks.

 

[tcpmp]

I hate to say it but cheating spouses rarely play a factor in deciding custody cases. If you want custody make the first move, file first. You will have to prove that you are better suited to take care of your child.
Does the mother have a stable job? (emphasis on stable)
Does the mother have a place to live and provide a room for your child?
How old is your child?
Do you have a stable job?
Do you have a stable place to live as well?
Have you filed for divorce and if so what was the outcome?

 

[aoccc]

I figured it wouldnt matter. I just wondered if the fact that i raised her from infant (shes 2 now) would make a difference. We are both yes's to all of the questions below except the divorce question. No divorce yet, just recently happened. Thanks.

I hate to say it but cheating spouses rarely play a factor in deciding custody cases. If you want custody make the first move, file first. You will have to prove that you are better suited to take care of your child.
Does the mother have a stable job? (emphasis on stable)
Does the mother have a place to live and provide a room for your child?
How old is your child?
Do you have a stable job?
Do you have a stable place to live as well?
Have you filed for divorce and if so what was the outcome?

 

[Whyte Noise]

Just a question....

Why do you "have" to leave?

 

[aoccc]

Just a question....

Why do you "have" to leave?

She told me she didnt love me more than 3 months ago. We have already tried to work that out and catching her cheating was just the end. She told me several times she wasn't cheating with this specific married person. I was the man taking care of my daughter even at night (after being with her all day) when she told me she was working with this guy. Of course, I never believed her but i love my daughter and that was more time with her.

 

[stealth2]

If you leave the home w/o the kid - you may as well kiss any sort of custody goodbye. Either convince her to move out and leave the kiddo with you, or suck it up and stay in the house until there is at least a temp custody order.

 

[djohnson]

I would file for the temp custody order quick. As it stands now you both have equal rights and either can take the child into their custody physically and fighting the statis quo can be harder. I wish you luck and think from what you have said you stand a chance at physical custody. It is what is best for the child, and that seems to be you. Don't focus on the affair and the stuff that doesn't matter. Focus on why you are the better choice.