If I want a divorce from my husband and he files as adultery, what are my chances of keeping complete shared custody of our son?

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If I want a divorce from my husband and he files as adultery, what are my chances of keeping complete shared custody of our son?

Asked on July 9, 2012 under Family Law, South Carolina

Answers:

Brad Micklin / The Micklin Law Group

Answered 12 years ago | Contributor

It is hard to answer your question without more information.  There are 2 types of custody: legal and physical.  Legal custody is which parent makes the important decisions concerning the child such as religious, medical and educational decisions.  Physical custody is where the child resides most of the time.  Both types of custody are generally "joint" but that does not mean equal.  

Custody decision are decided based upon what is in the child's best interest.  This determination depends on many different statutory factors.  Any attorney will need more information than that which you posted to answer this question more thoroughly.

You should speak with an experienced attorney to address your issues.

Brad M. Micklin, Esq.

187 Washington Ave., Suite 2f

Nutley, NJ 07110

973-562-0100

[email protected] 


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