question.jpgIn Divorce Law

If my spouse committed adultery, will it factor into the custody decision?

In most cases, extramarital relationships will not factor into custody decisions unless the relationship will negatively affect the child, though some judges will presume that an extramarital affair necessarily negatively impacts the child. Courts vary on how they deal with the matter, however; some courts require proof of harm, while other courts might make it a condition of custody that the parent not have overnight guests.

If you have an impending custody dispute, the wisest course of action is to avoid romantic relationships all together.