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

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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 7 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.


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