Legal Question in Family Law in California

There are no court orders between us or pending case. I just am preparing if there was.

We were engaged.

I broke it off because he was lying, cheating etc.

Hasn't seen our 2 year old in over a year. But we were intimate about 6 months ago. I know it was a mistake. I hoped we would get our family back together.

does this affect my view as a mother in court?

Asked on 6/06/23, 1:20 am

2 Answers from Attorneys


Absolutely not. It would not seem that your actions fall out of the range of normal. In your mind you may think it bad, but in the eyes of the court it could be no worse than his actions, for that one incident.. Even from a self judgment perspective, as you see it, the question before the court is with which parent should the child live primarily. He didn't see his child for over 2 years, it doesn't seem he cares for his child. He has a very high hurdle to cross.

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Answered on 6/06/23, 5:08 am

Those facts and others would provide context for a judge in making a decision (if needed.) Nothing you state here seems to portray you as a bad mother. The father, however, will likely have a different version. His version will conform to what he deems a just outcome. Without knowing the entire situation or your goals it's impossible to properly advise you. I am not quite sure why you are preparing as if court orders exist or there is a pending case or what you mean.

In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t properly prepared. A small investment will provide a polished petition that you can rely upon to come to an agreement or structure your presentation to the judge (if needed.)

Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional arrangements between lawyers and clients where a lawyer is hired to provide legal services on all aspects of a case, from start to finish. Limited-scope representation is sometimes called “unbundled legal services” or “discrete task representation.”

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Answered on 6/06/23, 9:03 am

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