If you're in the throes of a contentious divorce and child custody process, you probably have a lot of questions -- and divorce misconceptions -- running through your mind. These questions will probably be imbued with hurt feelings, even anger, at the way your spouse has treated you during your breakup. With this in mind, here are three common child custody questions for which litigants sometimes don't have clear answers:
I feel like my husband abandoned me and the children when he had an affair. Will the family law judge agree and give me full child custody?
Unfortunately, when it comes to child custody, California courts will not concern themselves too much with the details of your relationship with your husband. They'll be more interested in whether your husband was involved in the lives of your children and assisted with child care responsibilities and whether he can serve as a suitable parent for them. If he was, then the court will likely want him to have visitation rights and/or shared custody.
Can I demand that my ex forfeit his or her child custody rights?
In most cases, the court will not want your ex to willingly give up his or her child custody rights because the court will want to retain the ability to hold him or her accountable for child support should the need ever arise -- just in case you or your children require financial help at a later time.
My ex is living with a same-sex partner and I don't want my children exposed to this. Will the courts intervene?
The court will probably not see this matter in the same way as you. A California family court will likely want to preserve your child's ability to spend time with his or her parent.
These are just a few questions divorcing spouses might have about child custody -- and it's likely you have many other questions on your mind. If you want complete and candid answers to your child custody concerns, our law office is available to assist.