I have proof that my spouse cheated. Can I use this evidence in court to get full custody of my children? We have had a few parents call this month and ask us this exact question. They are obviously looking to get the upper-hand on their spouse and want to know if this is good strategy. Unfortunately, we have had to inform them that proof of one’s “cheating” will not get them full custody of their children.
The Court in Marriage of Slayton has clearly stated that proof of “cheating” will not bare any weight on the Judges decision in a child custody battle. In Slayton, the court ruled that a parent’s “alleged adulterous relationship is irrelevant to a custody determination, unless there is evidence that it would adversely affect the custodial home environment.” Thus, just the mere fact that a spouse cheated will not help or hurt either spouse, in their dispute over the custody of their children.
If you or a loved one is facing a child custody battle, it is important to hire an experienced, aggressive family attorney! Wallin and Klarich has been in the business of helping people with their child custody issues and other family law matters in Los Angeles County and throughout Southern California for over 30 years. Call Wallin and Klarich today. We have a team of highly skilled family law attorneys ready to take your call 7 days week, 24 hours a day!
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