Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
my husband cheated on me three years ago. He is now with the same person again. We have a three month old baby, what I need to know is if he can get custody of baby if we go to court or what are my rights
State/Country relating to Question: California
I am very sorry to hear of your predicament.Until either of your file for custody, both have joint custody both physically and legally. To get sole custody, you would have to try to show that your husband is "unfit" as a parent (not as a husband) and it would not be in the best interest of the child to have your spouse have custody. To show "unfitness", you can show abuse, neglect, alcoholism, immoral behavior, lack of employment, domestic violence, possible criminal history, and other factors that would make the court believe that the person is not a good and "fit" parent.To do that, once and if you decide to file for divorce, you would have to file a motion for custody, and outline your reasons.Sincerely,Dimitry Alexander Kaplun, Esq.
Attorney
JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin