Legal Question in Family Law in California

my husband video taped me having an affair, my 6 month old daughter was asleep in the room, he said if I leave him he will charge me with child abuse and take my daughter from me. Can he do that?


Asked on 9/30/11, 12:34 pm

2 Answers from Attorneys

Michael Schneider Family Law Center

Well, only the office of the District Attorney, "charges" you with anything. Your husband may though bring up the issue of sex with your child in the room as a basis for unfitness in a custody dispute before the court. I would highly suggest you seek local legal counsel in however you may pursue this matter.

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Answered on 9/30/11, 12:56 pm

I seriously doubt that you would be charged with any crime. As Mr. Schneider mentioned, it may be brought up in a custody matter, but I doubt if it would carry much weight.

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Answered on 9/30/11, 2:08 pm


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