QUESTION

Can I get physical custody of my children if their father has committed adultery? How?

Asked on Jun 25th, 2015 on Child Custody - California
More details to this question:
I filed early 2014 but then agreed to work it out. If he wasn't served from that, can I continue with that case? Could the judge grant me physical custody and him visitation if my husband sets a bad example for example by having our baby in bed with he and his mistress? I have photos. When I confronted them the first time, my online account was hacked and intimate photos of me were posted more than once. suggesting that I am a prostitute. I'm not by the way, never have been. Can I sue for defamation and or emotional distress? My family and friends saw it. We were separated from January 3, 2014 to July 16, 2014. I moved back in until we had to live separately due to financial hardship since September 2014. I know it's a lot, but I appreciate any effort to help.
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5 ANSWERS

Defamation is a 'disfavoured cause of action,' in the US, presumably because people believe in a free country they should be free to say anything degrading about anyone and as a matter of public policy, it's a good idea to make it hard for people to successfully accuse others of defamation. If you sued him for defamation, you would (a) probably lose; (b) go to considerable expense both financially and emotionally; and (c) even if you won, could he pay any judgment large enough to pursue? Adultery is something contemporary family courts do not really want to hear about. The personal morality of a spouse or ex-spouse is generally irrelevant to divorce decisions. Exposing children to adult sex, however, is frowned upon. But surely you'd want to confront him with the facts and demand that he stop, rather than rush into court? Find an experienced matrimonial lawyer and discuss the whole matter with him or her, with all the details.
Answered on Jun 26th, 2015 at 10:48 AM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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I don't think adultery is the issue. Exposing your child to his sexual activities is a real issue.
Answered on Jun 25th, 2015 at 10:41 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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Florida is a No Fault State, so typically, adultery is not going to play any part in the judge's decision on anything. However, if he is posting defamatory pictures of you, then it may be possible that those might have some impact, but not enough for any sort of lawsuit. You need to consult with an attorney.
Answered on Jun 25th, 2015 at 8:44 PM

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You should refile because the court summons would have expired by now. Given the facts you stated- you have a good case for sole custody.
Answered on Jun 25th, 2015 at 7:55 PM

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Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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Defamation is a disfavored tort given constitutional protections for free speech. You might be able to get him prosecuted for stealing and publicizing private images and should be able to get a restraining/injunctive order addressing that. How did you get those "photos" of him, mistress, etc.? Adultery is irrelevant to custody.
Answered on Jun 25th, 2015 at 7:30 PM

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