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In the 22 states where adultery is still on the books as a crime, it may. If the parent is prosecuted and convicted, a criminal history isn't viewed as favorable in the eyes of the court and an adulterous parent may not be considered the best role model for a minor child. If the paramour has a criminal past or any other skeletons in their closet and remains a part of the parent's life, that's another strike. If the adultery occurred while in the presence of the child, that's also not favorable. Wiley attorneys have won custody cases for their clients with adultery, along with other factors, as ammunition.

That said, the judge is always going to rule in favor of what he/she feels is in the best interests of the child and adultery in and of itself is often not enough to disregard the guilty party's ability to parent and provide a stable and loving home for a child. In other words, the better spouse is not necessarily the better parent.

For more information, you should consult with an attorney in your area with a specialization in family law and outline all of the details. He or she should be able to give you an informed opinion regarding the impact, if any, of adultery specific to your case.

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Q: Does adultry have any bearing on child custody cases?
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