And where is your Guardian Ad Lidem in all of this Frank? The GAL's recommendation, even in New York, has a great deal of bearing on the judge's decision. You need to make the GAL work for you. She/he needs to meet one on one with the kids and get their opinion. She/he needs to be interviewing teachers and other students at the schools. She/he needs to be interviewing anyone who is interacting with your family.
Adultery does not play a role in divorce in new York, but it does in custody hearings. It is testimony to the ethical behavior and the character of the spouse who commits the act.
These are the issues that make me continually question your attorney. You need to seriously figure out how to take charge of this crap.... .