Legal Question in Family Law in California
Adultry with pictures
I committed adulty with a man who is married and has 2 small kids. He is currently seperated from her however she somehow received pictures in the mail of him and I together when he was still living there. I.e. kissing in public.(no sex pictures).They have not been together as husband and wife for over 1 year but were still living in the same house. the wife now claims that she can take full custody of the kids and move out of state. She is now demanding him to move back into her house and go to counceling for the next 6 months or she will take the kids out of state and get full custody.He says that all the lawyers told him that she can get full custody in Orange County, CA. Is this true?
3 Answers from Attorneys
Re: Adultry with pictures
The first rule in family law is treat anything said by one party to the action "with a grain of salt."
Who cares if either party committed adultery - the court certainly doesn't - if it did there would be a lot of weeping and gnashing of teeth throughout this state.
Get yourself a good lawyer and stop listening to threats or gossip.
Regards, Damian Nolan
Reply: Adultry with pictures
She may or may not be able to get "full custody" but it will have nothing to do with his affair. California is a no fault divorce state, and therefore adultry is not an issue unless the children were exposed to it in some detrimental fashion, and then it could be an issue as to custody\visitation.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Adultry with pictures
Adultery is likely not a deciding factor unless kids exposed to acts. This is a no fault devorce state and therefore it will likely have no affect. Need more info.
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