If father is of good character and can prove homosexual adultery on the part of the mother, does he have a good chance of child custody?

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If father is of good character and can prove homosexual adultery on the part of the mother, does he have a good chance of child custody?

Asked on December 14, 2011 under Family Law, Mississippi

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There are two types of custody, which are physical and legal.  Physical custody means the parent with whom the child is living.  Legal custody means making decisions about the child such as education, healthcare, etc.

Although it is not possible to predict the outcome of a particular case, a court considers what is in the best interests of the child when making a decision about custody.  The father has a good argument here in favor of physical custody.  If the child is currently living with the mother, a court may be reluctant to disrupt the child's life by removing the child from the mother's house and granting physical custody to the father; however, the father's argument about the mother engaging in homosexual adultery may override a court's concern about removing the child from the mother's house.  If the court grants the father sole physical custody, it is possible that both parents may still have joint legal custody (making decisions about the child's future education, healthcare, etc.).


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