San Diego, CA asked in Family Law and Child Support for California

Q: My husband cheated on me and his lover had a baby and it is 6 months old.

My husband cheated on me and his lover had a baby and it is 6 months old. The lover is in Massachusetts and we are in California. What can we do to prevent this lover from going further? Her goal was clearly money. I want to know if she can be ordered to pay for the emotional distress that I and my three children have suffered. He wants to schedule his visits, but also any legal action to limit them. I DO NOT WANT her to be face-to-face with him.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In most cases, the mother of the child can pursue child support if paternity is established. Emotional distress claims can be complicated, and you would need to discuss your specific situation with a legal professional to see if such a claim is possible.

You have the right to set boundaries in your marriage, and you can seek a court order to ensure that any contact between your husband and the child's mother is limited. Typically, custody or visitation issues involve the legal parents, so your husband's rights and obligations will come into play. The mother may also attempt to establish paternity to seek financial support.

You can express your concerns about avoiding face-to-face contact during mediation or legal proceedings. You can request rules for interactions, including virtual or third-party-supervised communication, if appropriate. It's important to gather all relevant information and discuss each detail with a professional who understands family law in both states. Focus on protecting your well-being and that of your children through clear, legally enforceable boundaries.

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