Can you lose custody of your child if you cheat on your spouse'?

Answer 1

This is difficult to answer because the main deciding factor is the judge in the case. If the spouse is a good parent (I realize many of us don't consider a cheating partner being a good parent though it has little impact if the child is protected properly), it is unlikely the judge will award sole custody to the faithful party.

Also, keep in mind that in most jurisdictions you will need to file for divorce. Custody will be determined as part of the divorce proceeding and having an extramarital affair is generally not a reason for denying custody.

Answer 2

ANSWER:

You may or you may not, it depends on the judge and the lawyer. Reality check here if you must know, if your children is very young and the spouse who's having affair brought that person at home where your kids are, that is a big NO-NO. The judge will think the safety of your kids, why? wow you can't let your children see the person who's having the affair with you in the house knowing the two of you will end up having sex.

My point here is don't do what my ex did when he was having his fun with his mistress. Her young son was at home when he went and see her, do I need to say more???.....its sick not a Christian way to me...sorry!!

Answer 3

It depends on the state...most are "no fault" states. This means that an affair has no bearing on the results of the case. Well being is the determining factor. She would have to be proven "unfit" by you to obtain a majority or full custody.

Answer 4

Generally speaking, a parent needs to be shown to be an unsuitable or incapable parent to keep custody of their child or children if legally challenged.

Just having a relationship with another person won't do it in Western countries. Nobody would ever remarry or establish new family units if this were the case. There would have to be evidence of other behavior which might lead to neglect, ill-treatment, endangerment, and so on, of the offspring in their custody; this behavior might or might not be related to a new relationship; each case is different.

The law applies equally to both parents in matters of custody, though factors must be taken into account in the legal process when custodial rights are in question which might necessarily favour one parent or the other.

Answer 5

Believe it or not, in some states yes. Adultery is still on the books as a crime in 22 states and if parents are convicted of a crime, they risk obtaining or maintaining custody of their children.

And even in states where it isn't a crime, the parents' lifestyles are taken into consideration when deciding where it would be in the best interests of the child to reside. The courts usually will award custody to the parent who can provide a more stable environment.

Answer 6

Infidelity does not make a person a bad parent. It cannot be used to claim that a parent does not have the ability to love and care for their children, and a court will not take away custody of children because of it.

Answer 7

Don't you mean can the father of your child removed his child from the immoral influence of an adulteress? Yes.

Answer 8

A spouse having an affair is not usually something the judge takes into consideration when deciding which parent will get custody of the children.