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Mar 02, 2024, 08:56:49 AM

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My ex was having an affair; will that help me get custody?

My ex was having an affair; will that help me get custody?

Probably not. Extramarital affairs are no longer a major factor in custody issues since the advent of "No-Fault" divorce laws. Generally, the only time an affair will make any difference in a custody determination is if it exposed the children to some sort of danger or was detrimental to their well-being in some way.


My ex has some very extreme religious views; will that help me get custody?

My ex has some very extreme religious views; will that help me get custody?

Family Court judges hate to mess with religious issues; it's tricky territory at best. Unless the judge can find an extremely compelling reason to address it, they prefer to have the parents work it out amongst themselves. When religious issues are brought before the court, judges will typically defer to the custodial parent's wishes.


My ex is a heavy drinker; will that help me get custody?

My ex is a heavy drinker; will that help me get custody?

Possibly, but it depends what you mean by "heavy drinker". If it can be shown that the other parent's drinking prevents them from properly caring for the child, puts the child in danger, or keeps them from parenting effectively, then it may be a factor. Ordinary social drinking will almost never be considered a serious factor in determining custody.

If your ex has a history of alcohol abuse, is (or has been) a member of Alcoholics Anonymous, or has been through a drug or alcohol rehabilitation program, this should be brought to the attention of your attorney and the evaluator, if one is used.


The unmarried father of my child says if I leave the state with our daughter to go visit my dad, he'll have me arrested for 'kidnapping'. Can he do this?

The unmarried father of my child says if I leave the state with our daughter to go visit my dad, he'll have me arrested for 'kidnapping'. Can he do this?

It's unlikely that you would be arrested for taking your child out of state, unless one of the following conditions applies:
  • There is a restraining order that prevents the child's removal from the state.
  • You are not the custodial parent and don't have the custodial parent's permission.
  • You are attempting to conceal the child and/or better your position in a divorce or custody dispute.
  • Your actual intent is to move the child permanently to the new state.



My girlfriend and I had a child. Problems arose, and she left with our infant child and went to another state. Can she legally do this?

My girlfriend and I had a child. Problems arose, and she left with our infant child and went to another state. Can she legally do this?

Yes, she probably can. Unless there was a restraining order or other court decree that prevents her and/or the child from leaving the State, she would be free to do so, just as any legal parent of a child would be.


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