Will a judge award me full custody in a divorce if I discover that my wife is engaging in S M practices?

Get Legal Help Today

 Secured with SHA-256 Encryption

Will a judge award me full custody in a divorce if I discover that my wife is engaging in S M practices?

I have recently learned that my wife is cheating on me and she has become
involved in S M. I need to know if I will be able to get my children away from
that.

Asked on June 25, 2016 under Family Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Her sexual practices, fidelity, intimate life, etc. *may* impact on custody but doesn't have to. Custody is about the best interests of the children, not about punishing a cheating spouse or expessing moral disapproval of her life. If as a result of her lifestyle or relationships, your wife can be shown to--
1) Bring unsuitable partners home and expose them to her children;
2) To expose her children to inappropriate behavior;
3) To neglect her children; 
4) Etc.
--then this may lead to you getting full custody. But if she is a good mother and keeps her private life separate from her children so that it doesn't affect them, then it is likely to have very little bearing on custody.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption