Hayward, CA asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for California

Q: If two people are getting a divorce and the husband has had an affair but the spouse has know it the entire time and now

And is trying to get full custody of kids does that make husband any less able to fight for joint custody? Went to mediation and this was brought up, but I want to know my chances of this happening

2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: California is a no-fault state which makes infidelity irrelevant. If the unfaithful spouse's conduct however, poses a threat to the health, safety, or welfare of the children, it may be relevant to the issue of custody.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • Divorce Lawyer
  • New York, NY
  • Licensed in California

A: An affair might have no relevance to child custody, but it depends on how the parents' actions impacted the well being of the children. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.