Great stuff, but I'd also like to add that Vicky should ask her atty about the laws in her state, as they're all different. For example, here in FL (a "no-fault" state, but you can use evidence of infidelity as part of custody considerations), it's enough to show her car parked in front of OM's house, whereas in some other states, you need to have video evidence of them walking in together. Laws on voice recordings vary by state as well; in fact, MOST (if not all?) family law is State law.
Vicky, I would just ask your atty "What kind of proof do I need?" and "What am I allowed to do and NOT allowed to do, legally, to get it?"