Will having an affair affect child custody?

Get Legal Help Today

 Secured with SHA-256 Encryption

Will having an affair affect child custody?

I met someone recently and I’m now getting divorced from my husband. I have been separated from him 3 months.

Asked on May 14, 2012 under Family Law, Rhode Island

Answers:

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

Answered 8 years ago | Contributor

In the state of Rhode Island the well being of the child is the primary consideration of the courts in determining child custody.  It is also called the "best interests of the child."  Now, Rhode Island is a no fault state so arguably a "fault" ground such as adultery should not be considered here.  If you have started divorce proceeding then the court views that as a date certain that the marriage can be deemed irreparably damaged and so your new relationship may not come in to play.  But make sure that thigs are above board for the kids sake anyway.  Good luck.


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