Going through a divorce in california?

Question

My ex cheated on me during both pregnancies. Our daughter is 3 and our son is 5 months old. Hes never invested his time with the children until the time he was out of the house. He left me when I was 7 months pregnant with our son and we filed divorce. I do not believe in divorce because of my religion, but because he committed adultery I pray God will forgive me for it. My concern is that the children will not be healthy seeing him and being around him. He has bad habits and has never put them first. He left me with a over drawn bank account, and no means to support the children since I was put on maternity leave. Is there a possible way I can get full legal and physical custody in CA with the exception he can have visitation? What are your experiences? I need help I'm very worried about the outcome.

Answer

No. You're not going to get visitation taken away because he has bad habits. And your children will suffer more from you trying to keep them from him than anything else. Unless he poses a risk to their physical safety, and you can prove it with physician's records or police records, the court won't even consider it and tend to favor 50/50 until or unless a parent does something severe to warrant otherwise. For the sake of your children, you need to coparent and encourage a relationship with their father.

Answer

unless he poses as a risk to the children's health or overall wellbeing, idk if you can take away custody rights. this includes (but not exclusive to) relationship with children, history of abuse, whether involving both parents is in the child's best interest, etc. the court asked my brother and i which parent we preferred to live with. so there's also that.

Answer

While most judges lean on 50/50 custody, unless there is abuse, there is no harm in asking for what you want if you can back up your claims. You would just have to watch out for how he would respond and what he would ask for in return. 
In terms of legal, you would have to show why he’s not capable of making decisions in terms of health etc. It can be difficult unless you have specific evidence. 
I’ve worked in courtrooms and the main thing you want to watch out for is being seen as a “scorned” wife who wants to take the kids away from dad because he cheated. 
It’s difficult, best of luck!

Going through a divorce in california?

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