The best interest of the child is the only determining factor in who gets sole custody of the child.
The primary caregiver is the one who took care of the child during his or her life from bath time to feeding to getting them off to school. The community where the child grew up will be a factor as well as their school and whether the parent will allow the child to stay in the same area.
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The environment of the home itself is a contributing factor in the decision, which is where the cheating spouse might run into a problem with custody. Unfortunately, it could paint the cheating spouse in a bad light, which influences other parts of the process.
How Will My Adulterous Spouse Impact Child Custody?
The suitability of that person will be called into question during the divorce though. If that person will be sharing a home life with the child, that person has to be a stable, responsible person too.
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The court wants to see a devotion to the child in every decision. If there have been multiple affairs or times when the child was in a dangerous situation, that can definitely impact custody. This can be a tough one if the divorce is a direct result of the infidelity.
Infidelity of the mother in child custody cases | Philippine e-Legal Forum
Even today in some countries, like Saudi Arabia and Iran, women who commit adultery can be put to death. In the U. In most cases of divorce, where adultery has been committed by one of the persons in the relationship, adultery almost never plays a role in determining the separation of assets. Only when the cheating spouse has used shared assets from the marriage to finance the extra-marital affair does the adultery affect the distribution of assets.
As long as the cheating spouse has not carried on the extra-marital affair in front of the children, adultery also does not play a role in determining, which parent is given custodial rights to the children. Also, in many states, the obligation to pay alimony is immediately rescinded, when the spouse receiving the alimony begins residing with another partner or person.
Adultery does not really affect the distribution of assets or the custody of children in a divorce case. An extramarital affair alone will not disqualify you from obtaining child custody or visitation, but it will not help you convince the court that you are a solid, stable, and responsible parent.
Understanding the Custody Determination A child custody determination is made by the court based on one thing only—the best interests of the child. There are, however, a number of different factors that the court uses to determine what the best interests of the child are. And his or her affair will probably have little bearing on child custody.
4 Legal Issues You Should Consider if Your Spouse Has Cheated
But, your spouse will most likely be eager to settle the divorce outside of court quickly. If your spouse has had an extra-marital affair, we recommend you seek experienced legal counsel with a specialty in divorce law.
We can review the evidence you have against your spouse and give you an idea of what steps you need to take to file for your divorce.