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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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14y ago
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14y ago

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Q: Is adultery grounds for obtaining child custody?
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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.


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.


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 is the length of time to get full custody in Florida?

Thank is difficult to answer. It depends on the facts. If the child is in danger, it can happen quickly, if not, years. Please provide more facts as to the age of child, grounds for custody and where each party resides.


Is a dirty home grounds for child custody to be lost?

Unfortunately, no. However, it is a piece of evidence that can be used. see links below


How can you get residential custody of child as a single father?

A single father, what does that mean? Are you divorced, ever married to the mother of your child, or is the child adopted by you, or is the mother dead or out of the picture? If your question is "How does a Father obtain residential custody after a divorce or in a paternity case", then I can answer this question. Let me know what your grounds for custody are. What is it about the mother or other parent that makes it harmful for the child to remain in their care?


Can American dad get sole custody of infant son from illegal mom?

If he is not married to the mother, he has no assumed rights to the child even if she were a citizen, so the same challenges would remain in obtaining custody.


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.


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.