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Will you lose custody for cheating?
Will you lose custody for cheating?

Will you lose custody for cheating?

On Behalf of | Mar 10, 2021 | Family Law |

You are getting a divorce, and you know well that it’s because you started an extramarital affair. It was your choice, you made it, and it’s the reason you and your spouse decided to split up.

What you’re concerned about is still being able to see your children. Regardless of whom you’re in a relationship with, the kids are very important to you. Your spouse, angry about the affair, has said that they are going to get full custody. Is this something you should be worried about?

You can still be an excellent parent

Generally, cheating has no impact on a custody case. The court isn’t there to punish you for some moral decision they may not agree with. All they care about is whether or not you are a good parent. They do not assume that cheating means you can’t successfully parent your children or even do a better job of it than your spouse.

Plus, custody is usually taken away from a parent if the court believes that the children are at risk. If there is a history of physical abuse, for instance, the court wants to protect the children and keep them from that abuse. Nothing about your situation suggests that the children would be in danger if they spent time around you.

The reaction your spouse had is natural because they feel like they were wronged and they want to “get even” by taking away something you desire. But that is a personal issue between the two of you, and the court will not get involved in it. If you can provide a stable, safe homelife for your kids, that is all they are going to focus on. Odds are that you will share custody with your ex.

You need to know what options you have in custody cases

Because retaining custody of your children is so important to you, it is very important to know what legal options you have. This is especially true if you think your ex is going to actively work against you to attempt to deny you the time with your kids that you deserve.



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