Legal Question in Family Law in California
Adultery with offspring
I saw the recent reply regarding California law on adultery. Are there any situations that can be considered extreme such that the actions and consequences in question can be used to reflect on the adulterers fitness as a parent? For example: could a married, mother of 2 get pregnant by someone other than her husband, and then have the baby allowing the husband to believe it is his for 3 more years without having this fact reflect negatively on her in any way in court? Thank you.
1 Answer from Attorneys
Re: Adultery with offspring
The courts do not look at the morality of the conduct only at how it effects the children. There are only two circumstandes when this type of conduct has been considered by the court. If the parent were living with an individual that was abusive to the spouse or children. The other circumstances is when the parent has numerous sexual partners and they spend the night when the children are with that parent. Under those circumstances it is considered to indicate a lack of stability on the part of that parent.
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