Can I Get the Sole Custody of My Child

My question involves a child custody case from the State of: Colorado (Sole Custody)

Hi all,
Here's my situation. My soon-to-be ex-husband and I have been married for almost 5 years now. During these five years, he cheated on me twice and he admitted both. He wants a divorce, saying that "You are not the type of woman I desire, no wonder I keep having affairs. I married you because I can use you to jump out of a miserable situation".

Before we separated, for days, he constantly screamed at me, called me names, drink alcohol, hang out with the lady (married) with whom he is having an affair, not come home at all. At that time, my child was only several months old. My loving parents help me care for him in the day when I go to work and I care for him for nights and weekends.

After we separate, my retired parents want to support me during divorce (I am very thankful) and take care of their only grandchild so that I can financially support for the entire family. During separation, my ex comes to visit our child once a week (sometimes once every two weeks, depending when he wants to). Every time he comes, he plays w/him for an hour or so before he makes an excuse to leave. My child is scared of him, which I understand-Because my ex-husband barely cares for him. He never gives him a bath. Never cuddles with him. Gets frustrated with him when he cries. My husband is not very stable, emotionally. He would say one thing and change his mind in a few days. For example, he told me he would join the air force and later on change his mind. He also told me he wants joint custody but later on told me it is only an idea. I cannot communicate with him because I do not know if he changes his mind again and plus he lies all the time. I do not doubt he does care about our child but he can't make sacrifices or lays himself down for the baby. He simply does not want to be inconvenienced.

I am the breadwinner of my family. I earn almost three times as much as my ex-husband. I have a good degree with a decent paying job. I have families who are extremely supporting. I am confident of being able to provide my baby a very good life. I am not cutting the father out of my baby's life. But I do not want to share the custody with him. I think joint custody works the best when both parents are mature and able to communicate better, which is not the case between me and my husband. I would give him visitation, but do not feel comfortable of letting my child stay overnight with him a few days a week:

1) He is still involving with the married lady (his affair). And that lady does not like kids. She, too, is very emotional unstable.
2) He and his friends drink alcohol all the time. I don't trust him even though he is never really drunk.
3) There were times when my child gets fussy that he became emotionally unstable.
4) One time, he lets someone else watched my child so that he can go out and chill. He lied to me in the beginning but later on told me. I was very angry and he said "he (the baby) is fine, He's not hurt or anything." I am so hurt that time that I really can't trust him caring for my child.

To be honest, I want the best for my baby even if it means that I have to deal with my ex. I respect him even though I do not agree with his way of living. I don't mind being inconvenienced as long as it benefits my baby in the long run.

Based on the situation, if I fight for the sole custody of my baby, how likely it is that I can win. Also, what other evidences are useful for winning sole custody? Thank you for all your help. I really appreciate it.

Parents don't get sole custody because one person has had an affair. There is NO chance of you gaining sole custody of gaining sole custody of the child given what you've said. I suggest you learn to co-parent and accept that he's going to be bringing people around your (mutual) child.

Also, given you earn 3 times as much as he does, be prepared for the very real possibility of you paying spousal support to him and your paying him child support.

1. Doesn't matter
2. Alcohol is legal. Unless the child is put in harm's way, doesn't matter
3. How old is this child? Kids get fussy. They have tantrums. If anything, "emotionally unstable" is an identifying trait of a child. If you're saying that it's Dad who is unstable well...he's not. If that's all you have, you're sunk.
4. Your feelings were hurt because Dad got a sitter?

It's okay to be honest here - if you're actually Dad's girlfriend just tell us.

If you're actually Mom, Dad is going to make mincemeat of you in court.