Does Cheating Impact Who Will Be Awarded Custody of a Child?

Years ago, a scorned spouse who was able to amass evidence that his or her ex had cheated on him or her would gain an upper hand in divorce proceedings for doing so. Nowadays, no-fault divorce dominates. As a result, it's become a lot less relevant whether a spouse had an affair or not when settling a divorce. Some legal experts suggest that it may still play a role as to how a judge decides a child custody matter though.

A parent who has had an extramarital affair will not automatically lose his or her ability to seek out more visitation or custody of his or her child, but it may impact how he or she is perceived if the matter is decided by a judge or mediator. While, for each of them, their role is to either render impartial decisions that are in alignment with the law, they're only human. Their own perception of a parent's actions may inevitably impact decisions they make in a case.

Another instance in which a parent's affair may impact his or her ability to be awarded increased visitation or custody is if it can be proven that his or her lapses in judgment make it in the child's best interest not to be around them.

Paramount to a judge is making a decision that is going to ensure that the child's safety, happiness, and emotional well-being is preserved. A judge looking to decide what's in the best interest of a child may consider which home is most stable, a parent's physical and mental fitness and a child's wishes as well.

If you're seeking custody of your child and your ex has threatened you with exposing your affair in an attempt to sway either the judge or moderator, then a Naples child custody attorney can provide guidance in your case.

Source: FindLaw, "Will adultery affect my child custody?," Chistopher Coble, accessed Dec. 08, 2017