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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.

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15y ago

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Related Questions

Does adultery matter in child custody?

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.


Is Adultry grounds for divorce and custody of children in Maryland?

Yes, adultery is grounds for divorce but less likely to be a grant of custody. This is because when courts are looking to award custody they look to what is in the best interest of the child. If the adultery situation is one in which there is a questionable living situation then it would become a factor in the award of custody but it is not determinative. You also have to keep in mind that courts do try to keep the children in contact with both parents so although they may have their issues they attempt to create a situation in which parental problems do not project on the children.


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.


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.


What is the punishment in the USA for adultery?

Adultery is not a criminal offense in the United States, so there is no legal punishment for it. However, it can have consequences in divorce proceedings, such as affecting alimony or child custody arrangements.


What are the key aspects of fault divorce in Massachusetts?

In Massachusetts, fault divorce requires proving specific grounds such as adultery, cruel and abusive treatment, or desertion. The key aspects include providing evidence of the fault grounds and demonstrating that the behavior caused the breakdown of the marriage. This can impact issues such as property division, alimony, and child custody.


What are the legal consequences for committing the crime of adultery?

The legal consequences for committing adultery vary depending on the laws of the specific jurisdiction. In some places, adultery may be considered a criminal offense and could result in fines or imprisonment. In other places, it may be grounds for divorce and could impact issues such as alimony or child custody. It is important to consult with a legal professional to understand the specific consequences in your area.


Can a child be removed from custodial parents home at a preliminary hearing for reversal of child custody?

Only if there are grounds for concern for the safety of the child, or that the parent will run.


Is it possible to go to jail for adultery in Texas?

Adultery is not a criminal offense in Texas, so individuals cannot go to jail specifically for committing adultery. However, adultery can be considered in certain legal proceedings, such as divorce cases, and may impact issues like alimony or child custody.


Can you get in trouble legally for committing adultery?

Yes, in some states adultery is considered a crime and can have legal consequences such as fines or even jail time. It can also impact divorce proceedings and child custody arrangements.


Can father get custody if he does not pay court ordered child support?

Support and custody are two different issues. While it doesn't bode favorably as far as custody is concerned if the parent is a deadbeat, it doesn't automatically preclude them from obtaining custody if they can prove that in doing so, it would be in the best interests of the child.


What are the key aspects of divorce law in the UK?

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