Will my infidelity affect my chances of getting joint custody?

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Will my infidelity affect my chances of getting joint custody?

I am currently married but have been unhappy for years. I have recently had a one time affair. I wish to divorce my wife. We have a 4 year old son.

Asked on January 4, 2013 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It can, yes, but it really depends.  In determining child custody, the Georgia Courts - like all the other states - are primarily concerned with what is "in the best interests of the child(ren)."  So say if a parent has committed adultery in the presence of the children and brings his or her paramour around the children, this parent can be seen as acting contrary to the children’s best interests, which could result in that parent losing a custody battle.  The courts will look at the facts of the case before it.  Seek legal help.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a parent's infidelity with respect to his or her spouse does not necessarily mean that the particular parent is a poor parent which will adversely affect his or her ability to get joint custody of a child in the event of a marital dissolution.


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