The crime that she can impute on you and the man is concubinage.Concubinage is committed by any husband who shall cohabit with a woman, other than her wife in any other place.In concubinage,the offended party cannot institute the criminal charge without including both guilty parties (the offending spouse and the paramour), if both are alive.Regarding the custody of your children if the spouse sues both of you,the clue is in the Family Code. Art. 216.:In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated:
(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
(3) The child’s actual custodian, over twenty-one years of age, unless unfit or disqualified.”