Question:
My viewing of pornography is one of the many reasons we are divorcing. Can my wife use this against me in the divorce process? The kids have never been exposed to it and my activities aren’t illegal.
Will me looking at pornography have any bearing on a child custody decision?
Answer:
First, let me preface my answer by stating that I am not licensed in the state of Kansas and am unable to provide you specific answers to your questions. Cordell & Cordell does have attorneys who are licensed in Kansas, who would be happy to discuss your case with you.
Even though all states are no-fault divorce states, meaning that it does not matter why the marriage has ended, many Courts will allow evidence of pornography usage when custody is an issue in the case. The standard to determine custody in most states is a “best interest of the child” standard and a Court can consider the use of pornography in its determination.
You should immediately seek the advice of an attorney in your jurisdiction for specific advice on how to address this issue.
Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
