Custody and Adultery Charges

UPDATED: Sep 30, 2022

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Custody and Adultery Charges

My boyfriend is being sued by his wife for sole custody of their children. Her reason is because he has been cheating on her with me for the last f5 years. Which is blatantly false. I’ve lived in a different state up until 2 months ago after he had already moved out of the house they owned together and he is letting her stay in, while he moved out. Also, she promised to pay him a small amount each month for rent but has yet to pay any of it. The kicker? She cheated on him and brought her new girlfriend into the home days after he left. And has refused to allow him to get any more of his belongings. He is saying he can’t sue her for adultery since she filed the claim first. Is that true or can he counter sue for the same thing?

Asked on October 26, 2016 under Family Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is no lawsuit for adultery in your state--very few states still let a spouse sue over adultery. What the wife is doing is bringing up his adultery in family court as grounds to get sole custody of their children, which she can do: family court can decide child custody based on the home environment, the parents' respective associates and actions, and the children's best interest. Your boyfriend can bring up her adultery in return as a factor to be considered for child custody. Adultery may also affect other aspects of divorce. But there is no separate lawsuit for adultery in GA.

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