Can I get physical custody of my children if their father has committed adultery? How? 9 Answers as of June 26, 2015

I filed early 2014 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, 2014 to July 16, 2014. I moved back in until we had to live separately due to financial hardship since September 2014. I know it's a lot, but I appreciate any effort to help.

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes this is a travesty and you may need to file a new action however as long as you have his address I can help.
Answer Applies to: Georgia
Replied: 6/26/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Defamation is a 'disfavoured cause of action,' in the US, presumably because people believe in a free country they should be free to say anything degrading about anyone and as a matter of public policy, it's a good idea to make it hard for people to successfully accuse others of defamation. If you sued him for defamation, you would (a) probably lose; (b) go to considerable expense both financially and emotionally; and (c) even if you won, could he pay any judgment large enough to pursue? Adultery is something contemporary family courts do not really want to hear about. The personal morality of a spouse or ex-spouse is generally irrelevant to divorce decisions. Exposing children to adult sex, however, is frowned upon. But surely you'd want to confront him with the facts and demand that he stop, rather than rush into court? Find an experienced matrimonial lawyer and discuss the whole matter with him or her, with all the details.
Answer Applies to: Wisconsin
Replied: 6/26/2015
Law Office of Martin A. Kahan | Martin A. Kahan
California is a no fault jurisdiction and adultery is not a ground the court considers. ?It is the best interests of the children that is of concern.
Answer Applies to: California
Replied: 6/26/2015
Diane l. Berger | Diane L. Berger
I don't think adultery is the issue. Exposing your child to his sexual activities is a real issue.
Answer Applies to: Nebraska
Replied: 6/25/2015
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Florida is a No Fault State, so typically, adultery is not going to play any part in the judge's decision on anything. However, if he is posting defamatory pictures of you, then it may be possible that those might have some impact, but not enough for any sort of lawsuit. You need to consult with an attorney.
Answer Applies to: Florida
Replied: 6/25/2015
    Attorney at Law | Aimee C. Robbins
    You should refile because the court summons would have expired by now. Given the facts you stated- you have a good case for sole custody.
    Answer Applies to: Maryland
    Replied: 6/25/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Adultery has nothing to do with custody unless the children are exposed to it.
    Answer Applies to: New York
    Replied: 6/25/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If the child was exposed to salacious conduct, and there's a distinct possibility that father would be required to attend parenting classes and have restrictions on visitation. If the two were only present with the child on the bed in a non-sexualized fashion, this conduct would not justify a restriction on timeshare. More information is needed. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 6/25/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Defamation is a disfavored tort given constitutional protections for free speech. You might be able to get him prosecuted for stealing and publicizing private images and should be able to get a restraining/injunctive order addressing that. How did you get those "photos" of him, mistress, etc.? Adultery is irrelevant to custody.
    Answer Applies to: California
    Replied: 6/25/2015
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