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Can I Get Custody of Our Kids Even If The Divorce Was My Fault?

Talk of divorce is usually preceded by a very complex set of circumstances for many couples. From a personal standpoint, each spouse will typically have an opinion as to why the marriage ended, and the explanations provided across our Los Angeles divorce attorney community can range from lack of trust and infidelity to lack of intimacy and growing apart.

As a matter of law in the State of California, neither spouse has to prove the other did something wrong — or was at fault — to file for divorce.

As a no-fault state, spouses can simply file for divorce citing irreconcilable differences, no matter who was personally considered to be the cause of the split.

When couples with minor children file for divorce, the details that must be finalized in their agreement will include child custody and child support decisions that will be reviewed by the court if the couple cannot create a parenting plan they can both agree on.

Typically, when one spouse is deemed responsible for the divorce, the other spouse may oppose their being awarded custody of the children.

In reality, even if you are willing to take the blame for the marriage ending, that is not a legitimate reason for tipping the scale in your spouse’s favor during your child custody evaluation.

What Actions Will Harm My Chances of Gaining Custody of Our Kids After a Divorce?

If a cheating spouse’s extramarital activities are discovered, and the other spouse files for divorce because of this behavior, that fact has little to do with their ability to gain custody of the children.

Child custody should be determined according to what is in the best interest of the child.

That means evidence of damaging behavior must be presented to harm either parent’s ability to obtain custody of their children. And those actions — not the infidelity or the act of falling out of love — will be considered during the divorce proceedings.

Damaging behavior that can jeopardize a parent’s ability to gain custody of the children can include:

  • Failure to provide basic needs for the children
  • Exposing the child to emotionally harmful or psychologically damaging situations
  • Physical abuse of the child
  • Abandonment or neglect of the child
  • History or conviction for domestic violence or sexual abuse
  • Drug, alcohol or other addiction problems

The goal of the family courts is to keep both parents active in the lives of their children, which can often lead to joint custody.

However, many factors are considered when determining child custody in California, and every family’s dynamics are unique. Simply put, you cannot measure your custody options based on someone else’s divorce proceedings.

At the Land Legal Group, our Los Angeles child custody attorneys provide customized legal representation based on each of our client’s unique needs, so you know your case is built on substance and is executed with experience.

Contact Our Divorce Attorneys at the Land Legal Group in Los Angeles Today

If you are considering a divorce and would like to know more about how child custody is awarded, contact our Los Angeles family law attorneys at the Land Legal Group to discuss the details of your case during a free consultation by calling 310-552-3500 today.

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