Well being married and having children together you obviously can't throw her out. She is cheating on you not abusing the children. I would collect any proof you can. I would strongly advise you to seek a free consultation from an attorney.

I seriously doubt that you can do this in most of the jurisdictions in the western world. Family law is not an arena for punishing an unfaithful spouse. If you love your children, and I hope that you do, you will not let your obvious hostility for your wife affect their relationship with her. If she has been a good mother, as you have been a good father, no court will let you 'throw her out' of the children's lives. The best thing to do is to have a consultation with a good family law attorney and find out what your options are in the jurisdiction where you live. This attorney will let you know what your rights are, as well as your wife's rights and your children's rights. You may have decided that you no longer wish to be married to this person, but you cannot dissolve the partnership all on your own terms. In a civil society, we live under the rule of law and it's better for your chances of either having or sharing custody of your minor children if you abide by the law.

First, you need an attorney. second, you cannot throw her out without due process of law and since you two are still legally married, she has 50% interest in all the assets. this is why you need an attorney. you will need to prove she is an unfit mother and wife. you will need a private detective to accomplish this. This can be achieved, but its going to involve a lot more than just saying "i want to throw her out". She may not be a fit mother or wife, but you have got to prove this, rather than just words. you need physical proof, such as photos and surveillance videos of her cheating. Where do the children fit into this situation? have you ever ask them how they feel and how they would feel about their father divorcing their mother? they are part of this picture, also and need to be included in every step of the divorce. Good for you for being a good father.

The sad fact is that the court system is heavily weighted on the side of women. If you can prove that you are just one step away from sainthood and that she is one of Satan's helpers then you might have a shot. You are going to pay a lawyer a LOT, and I mean a LOT of money and there is still the highest of probabilities that you are going to have to at least share custody and probably have to pay child support. Trust me when I say that the law will not be behind you on this. You will have to prove that she is an unfit mother and her infidelity will NOT be good enough. I wish you the best of luck and my prayers will be with you.

First, hire a privet investagator to follow her. And get pictures, lots of pictures. Second, get yourself one hell of a lawyer. Third, get the kids a gaurdian adlightem as soon as the divorce procedings start. Fourth, get the kids into coucling so you can have the coucler back you up that you are the better parent. Which you are since you are mature enough to follow you marriage vows. Both the guardian and the coucler will ask the children who they want to live with and they are required to report that to the court. And then, lots of hoping that the judge sees it your way.

thanks to everyone for their helpful answers. I read them carefully.

talk to her only the two maybe out of town for a vacation ask her if your not a good husband or try a mariage counseling it maybe helpful...if she still doin it then you better file a divorce.it's not a good example to ur children of what she is been doin.for me hire a detective to get some proof..Good luck i knew how you felt i was there before you felt you've been cheated and no peace of mind at all!!

Most of the posts on here tend to take the position that the guy always gets screwed in custody cases. Although it is true that the mother get priority in some cases, the reality is that most men don't get custody because they are not willing to make the sacrifices required (I will explain further below). The first thing that you have to do is file for divorce or legal separation. At some point after that you will have to go through custody hearings. The court in the custody hearing will look for what is in "the best interest of the children." The bad news is that if both parents are in the area and "fit" to parent, the court will most likely award split custody. The reason for this is that it is always considered to be in the "best interest" of a child to have both of his parents in his life. So what do the courts look at? First, the court will consider the wishes of the children (except maybe the 6 year old), but it won't give great weight to their decision due to their age. The court will also look at the parents ability to provide for the children, however, child support is factored in to this equation so the fact your wife does not work (if this is true) won't necessarily weigh against her. Now here comes the sacrifice part. Most famlies in America have the father/husband as the primary bread winner, and the mother/wife as the primary caregiver for children. Although many wives and mothers work in America, they ususally work far less hours to accomodate child rearing. The result is that when the court balances the factors, the mother is fully capable of providing for the children on her salary plus child support, and has more time to spend with the children. The father/husband usually is not willing to change there work schedule (usually because it means less pay). So how does this all apply to your case? Well, assuming that you are not working 60-80 hour weeks and that you and your wife stay local (i.e. near the kids school), you and your wife will probably get split (50/50) custody. If you stay local and the wife moves away, you will have an advantage because it is in the best interets of the children to not uproot them, and (50/50) split custody would not be possible due to school schedules. However, if your work schedule means that you make good money at the sacrifice of having time to spend with your children, this will weigh against you (and is the primary reason why men often lose custody). FYI: Although this does not apply to your case, some people may find it helpful. When a child is very young and nursing the court will always place custody with the mother if she is fit. Once the child is no longer nursing, the court will reevaluate custody. However, one factor that a court uses is "who did the child become accustomed to living with." This is one of the areas where guys just get screwed. The child was living with mom because she is the only one who can nurse, but when the child stops nursing, the fact that the child was living with mom is held against dad.

The first anonymous gave a great answer. But where are all those people who constantly blame men for every marital problem? What is their position on this question? How is this guy at fault?

Hire an investigator and go into court armed with truth and "evidence" on your side.

Just keep in mind that she may be a bad wife but that doesn't make her a bad mother. I am going through almost the same thing now and I am the mother. I truly love my children and to take them away from either parent is wrong.

Hire a good lawyer who works with a good private detective. Amass the evidence, then sue for divorce and full custody.

That really depends on where you are... I know that in Montana there is nothing that you can do because adultery is not illegal there so it can't be held against her in a custody hearing.

If a parent is a good parent then I don't belive what happened in the marriage will effect them. That is if both parents raise them the correct way. I don't talk bad aginst my ex in front of my children, children don't understand adult problems in a marriage. Maybe you need to be open minded and see if there were faults from both of your parents, not just your mom.

You would have to prove her unfit (which can be difficult)

i totaly understand what you are saying but my situation is the other way around, and although i a female the law nowadays is a womens law, but if you can prove she was behaving unreasonable during your marriage then get a good lawyer and go for it and get your children a new life wheres theres no lies or deceit good luck