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CALawyer, Lawyer
Category: Family Law
Satisfied Customers: 1655
Experience:  California Family Law Attorney
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hello. i have a difficult situation. my ex and i have ...

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hello. i have a difficult situation. my ex and i have been divorced for 4 years with joint custody of or now 10yr old son. i recently discovered that my ex husband is dabbling in swingers clubs as well as having sex with gay men for money. i came across his profiles through his emails. he doesn''t know i have his password. he has had male roommates living in his house in his spare bedroom. the last one was removed by the police for becoming violent. my problem is this: our son is with him every weekend and i am concerned about the amount of porn he is into as well as the solitation for money from men. should i try to gain sole custody?
Submitted: 9 years ago.
Category: Family Law
Expert:  CALawyer replied 9 years ago.
This does sound like a difficult situation.

One issue to keep in mind is that sole custody is only typically granted where there is a history of abuse, neglect, or some harm that will come to the child from awarding joint custody.

It might be difficult to gain sole custody in a case like this unless the husband was exposing the child to porn or sexual acts. If that was the case, then sole custody would almost certainly be appropriate with only supervised visitation.

As far as solicitation, if it could be proven, the district attorney might be willing to prosecute. However, it would be a tough place for you to use e-mails which were potentially obtained unlawfully (ie. accessing someone elses account) because that could very likely be a crime in and of itself. If the DA did prosecute the ex for solicitation and he was incarcerated, that may increase the chance of getting sole custody.

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