The Family Law Leader

» custody factors

Q: After 20 years of marriage, I found out that my husband has been cheating on me for over a year and we are in the process of a divorce. He says that he wants joint custody of our three children. I don’t understand how a judge could ever award custody to a person who is clearly at fault for the breakdown of the marriage. Can you explain this?

A:  I’m sorry you have found yourself in this position. Unfortunately, in the majority of divorce cases, one or both spouses have gone outside of the marriage for intimacy.…

Q: My daughter is 14 years old and I have been divorced from her father for several years. When she was young, she enjoyed spending time with her father but now, for a number of reasons, she no longer wants to visit with him on weekends as she has previously done. People have told me that, now that she is a teenager, the court will let her decide where she goes. Is this true?

A:  While the child’s reasonable preference is one of many factors the court takes into consideration when determining custody and parenting time, it is the court and t…

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