Legal Question in Family Law in California

Have two boys 4 &7 year Olds... got married in July 24 2006... little more than a year ago we started having problems we weren't sleeping together basically doing our own stuff. .. I cheated since I was still married... 2 months ago I filled for divorce we agreed to an agreement but he failed to sign paper's we moved on and I filed for non jury trial. .. now hes telling me if I don't get back with him hes gonna accuse me of cheating and take my kids.... can they take my kids away?


Asked on 6/08/10, 7:28 pm

1 Answer from Attorneys

California is a "no fault" divorce state. Not only is cheating irrelevant, most family law judges will read you the riot act for trying to bring it up. Anyone can ask for whatever custody schedule they want, but the more unfair what they ask for is, the more likely the other person will look reasonable and get what they want.

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Answered on 6/08/10, 10:39 pm


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