Legal Question in Family Law in Pennsylvania
Divorce Fault
I want to divorce my husband but he doesn't want to divorce. I was the unfaithful one and he knows about it and is ok with it. He says he'll take the kids away from me if I file for divorce. Is infidelity a factor as to who custody is awarded?
3 Answers from Attorneys
Re: Divorce Fault
The standard is best interest of the child.
Typically, unless a parent is unfit, joint legal custody is what the courts order.
Good luck to you. If we can help let us know, services at a reasonable fee.
Re: Divorce Fault
It depends on your county. In one county it might be something that could be used against you and in another county it won't have any effect on the outcome.
Remember even though the standard for custody is best interests of the child generally what happens is after 10 minutes of one side saying how good they'll be the rest of their case will be trashing the other side. Not unlike a presidential campaign.
If you have any questions feel free to contact me, the initial consultation is free.
{John}
Re: Divorce Fault
Fault in a Divorce case is not relevant to the issue of child custody. There is a 1959 case that you should make your attorney aware of called Urbani v. Bates. Although the law has changed since then as relating to a father's claim for custody, I think it is still good law as to the proposition that marital fault is not relevant to custody determinations.
However, that being said, I'm of the opinion that most family matters should be handled through mediation rather than litigation, especially custody.