Can a husband take full custody from the mother if she commits adultery?

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Can a husband take full custody from the mother if she commits adultery?

Asked on January 13, 2013 under Family Law, Montana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In and of itself, adultery is not a reason to deny the offending parent custody.  As a general rule, the court will make child custody decisions based solely on the best interests of the child. The parents each have equal rights with respect to being awarded custody.

The court will consider several factors in making a custody determination, including but not limited to:

  • Circumstances of the spouses
  • Nature of the case
  • Religious faith of parents and child
  • Welfare of the child
  • Best spiritual and other interests of the child
  • Child's preference for custody based upon child's age, experience, maturity, judgment and ability to express preference

If the adultery affects any of the above factors, then that may play a role as to who gets custody.


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