Even in my state, infidelity has no bearing on custody. However, if the W moves out of the marital home; the law favors what would be least disruptive for the kids. In my case, I demanded that the kids stay with me in the marital home; specifically on school nights. I felt it important that they were able to keep their routines as intact as possible. Just because she wants to split from the family doesn't mean that the kids have to have their lives disrupted.