YOu know - you make a lot of ASSumptions about these people, based on hearsay and stuff your H tells you. About the only concrete info you have is that CPS was called.

Hard to judge the OW's H as passive aggressive - I think he can be forgiven for acting out a little when his wife has had a baby with another man! Given the situation it seems like he's done rather well. After all, he hasn't shot your husband!

And please be real - unless real genuine abuse is documented, or a serious drug problem is documented, your H is NOT going to get full custody of a child he fathered to a married woman in an affair. In some states he wouldn't even get visitation if her husband wanted to be the father. Your H needs to see a lawyer to get a REALISTIC idea of what visitation he might get.