Divorce Adultery Child Custody

Divorce Papers > Divorce Adultery > Divorce Adultery Child Custody

A divorce on the ground of adultery is a painful situation. Adultery is said to have taken place when one spouse is betraying the other and having a voluntary sexual relation with a third party. It obviously causes considerable anger, pain and hurt in the mind of the innocent spouse. The result of these feelings is that the innocent partner tries his/her level best to cause pain to the adulterer during the divorce process. Adultery plays a major role in determining child support and custody, property division and spousal maintenance during settlement of issues. While, most of the divorces in the United States involve dependent children, the effect of divorce adultery on child custody marks a significant benefit going to the innocent spouse.

Adultery and Children

In determining child custody, the judge may consider the extent to which the cheating spouse has exposed the children to the affair. The court aims to decide at 'the best interests of the child.' The court may demand concrete proof in most states that the adulterous behavior of a parent has definitely harmed the child or is likely to harm the child if this parent is awarded custody. There are instances where the child is exposed stress due to the adultery of his/her parents. This is a negative point against the adulterous parent during determination of child custody. Some parents have a cautious affair while their marriage is in progress and the child is not affected by this. In such a case, adultery is not an important issue that would affect child custody.

Let us consider that the adulterous parent has introduced his/her non-marital partner into the lives of his/her children. Then, the children become aware that this parent and the non-marital partner are lovers. In this case, it is obvious that the adulterous parent has risked the custody and possession of the children. So, it is recommended that an adulterous parent must introduce his/her non-marital partner in the lives of his/her children only after the following:

• The divorce is complete
• The relationship between the adulterous parent and non-marital partner is well established

Factors considered in Divorce Adultery Child Custody

In any issue of child custody, the court aims at delivering 'the best interests of the child.' The effect of divorce adultery on child custody is usually dependent on the factors as follows:

• The personal bias of the judge
• The temperament of the judge
• The unique facts in each custody case
• The laws in the specific state

While, the factors considered in handing over child custody to a parent in divorce adultery are:

• the mental and physical health of the parents
• income each of the parents to meet the child's needs
• any history of neglect or physical violence which the child may have suffered or is at risk of suffering
• any possibility of neglect due to continuous adulterous behavior
• any criminal records of the parents
• location or proximity of parent's accommodation
• each parent's wishes and availability to take care of the children
• the child's wishes (depending on his age and understanding)
• children's relationship with the parent and other members of the family

Varying approaches regarding Divorce Adultery Child Custody

To determine the effect of divorce adultery on child custody, the temperament of the judge plays a major role. The approach of each court towards issues pertaining to adultery varies from State to State and the respective judge's ruling the case. Usually, the following three types of variations are observed:

• Some judges loathe people who practice adultery. They simply hate the manner in which adultery impacts marriage. Such judges do not need a second thought to decide that child custody must never be awarded to an adulterer

• Certain judges do not care about the issue of adultery. They reason that the circumstances that resulted in adultery also resulted in divorce. The outlook of such judges is that the couple was not getting along well. Consequently, one member filed for divorce and the other member became engaged in adultery. Thus, the judge thinks this should not impact child custody

• There are some judges, who adopt an approach that is a medium level method. The judge tries to determine the status of the marriage before adultery was found out. This gives rise to two types of situations:
  • The partners were happily married and had positive plans about their married life. However, when adultery was discovered, it became the reason for divorce. Then, the judge decides that the adulterer is at fault and rules accordingly
  • While the partners were separated or the divorce proceeding was in progress, the adultery took place. Then, the judge does not give much weight to adultery

Children are the most innocent sufferers in a parent's divorce settlement. A divorce out of adultery is even more harder for the child to accept. It is always better to keep the child out of the matter. The court always takes the best decision for the child and tries to give a fair judgment to the case. In most cases, the negative effect of divorce adultery on child custody is passed on to the partner who has been unfaithful. While, the innocent partner gets the positive benefits and custody of the children.

Divorce Papers