Question:
My wife and I were married 7 years and have three young children ages 2 to 6. She found out that I look at pornography and because of that she kicked me out.
We divorced in CA last year and I now live in UT while she lives in ID. I drive 3 hours each way to visit my kids when she says it’s okay. She has sole custody because I wanted to be compliant with all of her needs to make the divorce smoother. She won’t let me see my kids without her supervision because she knows I look at pornography.
I now want joint legal custody but she’s threatening to tell the judge that I look at porn as a reason why I shouldn’t be alone with my children. Other than that, there’s no reason why I shouldn’t be with them. Do I have any chance in winning joint custody?
Answer:
Allow me to preface my answer to your question with the fact that I am not licensed to practice law in Utah or California.
Generally there is no requirement that a person who views porn would have to have supervised custody only. I suggest that you Petition to Modify. In the event that there is a concern of the porn in front of the court, then you can agree to a permanent injunction that says that neither of you are supposed view porn when the children are in the home, as that is the main concern that the children will be exposed to it.
