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Does adultery matter in child custody?

Updated: 8/18/2019
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13y ago

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It is not the sole factor in deciding custody, but it is likely that the judge will take it into consideration, especially if the adultery caused the divorce or if the adultery shows the parent to have an unstable or unsuitable home for a child.

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13y ago
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Q: Does adultery matter in child custody?
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Related questions

Is adultery grounds for obtaining child custody?

Probably not but it could be a factor depending on the circumstances of the adultery. Adultery is grounds for divorce in those states that involve "fault divorces" and can even play a role in spousal support, but child custody is totally different. When determining child custody, the most important thing to the court is looking to what arrangement is in the best interest of the child. Courts will seek to establish a situation in which the child can see both parents and provide stability to the child. If the cheating spouse is living in a morally questionable situation, then that would be a factor but otherwise, it will not be a single grounds for obtaining child custody.


Is adultery acknowledged in issues of child custody in Mississippi?

Mississippi is unique in that there is a law on the books making the commission of adultery a crime. So if a person is charged with that crime and convicted, a criminal past is taken into consideration when determining child custody. It is often not the sole deciding factor but it is considered.


Is past adultery grounds for custody of children if the adultery isn't the cause of the divorce?

No.


Does it matter where you live if I have joint custody of your child?

It can if there's a concern for safety or health. Why not grant the child joint physical custody of you? see related link


If your wife gets pregnant by another man can you divorce her and take custody of your 1 son you have together?

Adultery is obviously a very valid grounds for divorce and the fact that your wife is pregnant by another man is clear proof that it took place. The fact that she committed adultery is NOT however going to grant you custody of your child and not allow her any rights. When determining custody, the courts look to the best interest of the child and although the parents may have their differences, it is usually best for children to see and be around both of their parents. Adultery and questionable living situations may be a factor in the determination of which parent the child gets to live with.


Can a pregnant child's parents force the child to adopt her baby?

Legally you can not force your child to give up the custody. They are the guardian of their child and not you, no matter how old they are.


Can a woman lost costody of her kids if she comites adultery?

A woman can lose custody for any number of reasons. Most (all?) states only consider the best interests of the child when considering which parent should receive custody.


Does adultery have negetive outcomes for custody in Utah?

It can, depends on the judge.


If the mother cheats on her husband who gets custody?

With the American legal system, if the children are young the female will most likely get custody.


How long does temp-child custody last?

Temporary child custody lasts for as long as it takes to have a final order put into place by the court. If you have never taken the matter to court, then what you actually have is called defacto custody.


What will happen if you don't have legal custody of your child and you move them to another state?

You cannot legally move a child out of state if you don't have legal custody. You would be kidnapping that child. If you are an unmarried father you must obtain proof of your paternity through the court and then you can petition for custody. Otherwise, you have no parental rights and if you take the child it will be a law enforcement matter.


Does the money in your account matter for child custody battle?

Only as regards how much of it the attorney representing you will be needing.