Can I get physical custody of my children if their father has committed adultery? 6 Answers as of January 08, 2012

I filed early 2011 but then agreed to work it out. If he wasn't served from that, can I continue with that case? Could the judge grant me physical custody and him visitation if my husband sets a bad example for example by having our baby in bed with he and his mistress? I have photos. When I confronted them the first time, my online account was hacked and intimate photos of me were posted more than once. suggesting that I am a prostitute. I'm not by the way, never have been. Can I sue for defamation and or emotional distress? My family and friends saw it. We were separated from January 3,2011 to July 16, 2011. I moved back in until we had to live separately due to financial hardship since September 2011. I know it's a lot, but I appreciate any effort to help.

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The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
Adultery is irrelevant for purposes of custody unless the person's behavior affects the children or one's ability to parent. Having a new paramour anywhere around children who have recently experienced the breakup their family is a bad idea, but it happens frequently. Children need time to heal and recover. Having a child in bed with a parent and new paramour is a really bad idea - the judge may or may not restrict custodial time, but the judge will certainly order that the child have their own bed. You can also get an order that the guy stay out of your computer accounts. The judge will want to see proof that it was him who hacked in, so bring what evidence you can. The defamation/emotional distress causes of action are separate issues from family law. These are tort actions.
Answer Applies to: California
Replied: 1/8/2012
R. Mark Rose Attorney at Law | R. Mark Rose
You can continue with the case if it has not been dismissed. You have 3 years to serve your husband and 5 years to complete the case. As far as the other questions, you need to discuss the issue of custody in detail with an attorney. Whether you husband has limited visitation or shared custody depends on what is in the best interests of the children. Adultery alone would not limit his parenting rights. The other things you mentioned may.
Answer Applies to: California
Replied: 1/7/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
California is a no fault state so the issue of adultery is not enough to get custody of the minor children.
Answer Applies to: California
Replied: 1/7/2012
Law Offices of Frances Headley | Frances Headley
Dissolutions are no fault in this state. You should consult a family law attorney about the impact your husband's activities may have on any custody determinations as well as your possible remedies for the on line hacking.
Answer Applies to: California
Replied: 1/7/2012
Peyton and Associates | Barbara Peyton
It will depend on whether you can prove the conduct by your husband you allege. Unless you were there I don't see how you can provide competent evidence to the court of him having the child in bed with him and his girlfriend. Adultery is not grounds for sole custody.
Answer Applies to: California
Replied: 1/6/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If your Petition for Dissolution of Marriage was filed less than 3 years ago, you can serve him with those documents and pursue your case. His adultery isn't relievant in California, although if he is making bad choices in his parenting duties, his time could be effected by it. As for the pictures posted, you can seek a restraining order with consequences for violation of the orders, but you cannot sue in family court for defamation or intentional infliction of emotional stress (you can discuss these with a civil litigation attorney to see if you have a case, though).
    Answer Applies to: California
    Replied: 1/6/2012
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