Zepeda v. Zepeda

Jorge Zepeda (plaintiff) and Renee Zepeda (defendant) were married; Jorge worked full time while Renee cared for their child. While Jorge worked, Renee engaged in online cybersex and had an affair, once having sex with the other man in the family apartment while the two-year-old child slept. Jorge filed for divorce. Trial evidence showed both parents were loving and capable. The trial court granted the divorce, ordered joint custody, and gave Renee primary physical custody. Jorge appealed.

Whether marital misconduct alone is a controlling consideration in a child-custody determination when the misconduct has not resulted in demonstrable harm to the child.