In situations of joint custody, parties must be able to discuss all major decisions regarding the children and this can be problematic where there is a substantiated history of abuse by one spouse against the other. No judge would force a survivor of domestic abuse to interact with their abuser and would also be hesitant to expose a child to such parental interactions. As always in family law, the best interests of the children are paramount and that means every action you take within the family context can be considered in relation to their well-being for the purposes of custody and access.
It depends on how well each party argues its side, as well as on the evidence they present. It is definitely wise to have a skilled lawyer represent you or at least guide you through your case. You can start by talking to us at Holcomb Law today. Tap To Call Us. Is It Proven As Adultery? I cannot tell you how many times a client has looked at me with shock when I tell them that yes, even if your wife had an affair and even though it is her pressing for the divorce, a court will still award her an equitable share of marital assets.
New York law lists the specific factors a court can consider when dividing the property and awarding maintenance. Noticeably absent from these factors is fault. In fact, in New York, appellate courts have ruled it is reversible error to consider fault in dividing the property. There are rare and specific occasions when something like an affair during the marriage may have an effect on the distribution of assets or maintenance for example, if the cheating spouse spent marital money to carry on the affair , but those cases are few and far between.
Generally speaking, courts do not want to get involved in whose fault it was the marriage broke down, and it has very little effect on how property and money is distributed in a divorce. In New York, there are two types of custody: legal and physical.
Physical custody comes in three forms:. Unless there are extremely compelling issues in a case, such as one parent has serious mental health issues, there has been a history of abuse or severe drug addiction, sole custody will not be considered. I highly recommend parties do not even request sole custody from the court. This is because when awarding custody, the only question the court has to answer is what is in the best interest of the child. However, there are factors the court uses to make this determination, and paramount among those factors is whether a parent will foster a healthy relationship with the other parent.
As if the birth of a new Kardashian baby wasn't big enough news, her birth coincided with news that Tristan cheated on Khloe in October , when she was 3 months pregnant. TMZ reported that Tristan was caught making out with and 'motorboating' two women at a hookah lounge. Given the birth of their baby, we can't help but wonder whether Tristan's adulterous ways could have any impact on his relationship with his daughter.
If Khloe and Tristan lived in Ontario, the answer would generally be no - adultery would not have a significant impact on child custody or access.
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