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How does infidelity affect child custody in divorce?

by Dinnebier & Demmerle on January 30, 2013

California is referred to as a “no fault” state with respect to divorces.  In other words, generally speaking, judges do not want to hear testimony concerning infidelity.  However, with respect to custody, courts are sensitive to introducing and involving children with a new boyfriend or girlfriend too soon after a party separates from a child’s other parent. Furthermore, if someone going through a divorce is spending significant time with a third party at the expense of spending time with the children, such conduct could detrimentally affect them in a custody dispute.

Kenneth T. Demmerle

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