Can Adultery Affect Child Custody?

Posted January 23rd, 2014 by .

Categories: Family Law.

Nothing hurts more than finding out the love of your life has been cheating on you behind your back. Certainly adultery is a very valid reason to get a divorce from your spouse. But will it play a part in the court’s decision on deciding custody of your children?

It’s a common misconception that because you have committed adultery (and thus breaking up your marriage), the courts are going to punish you by taking away your children. There are many factors that go into a decision where your children should be go, such as:

  • The needs of the child
  • The parents’ ability to take care of the child
  • The child’s safety from any physical or mental abuse
  • The employment situation of a parent

Many courts in New Jersey have found that an act such as adultery is not enough of a reason to take away your children. However, if you add adultery along with something like physical abuse, then that’s a different story entirely. Remember that the judge is acting in what he believes to be the best interest of the child, not because you were wronged.

Going through a divorce? Need representation? Newark divorce attorney Anthony Carbone wants to fight for you! Contact us today for a free consultation and click here for more information on knowing your rights as a divorced parent.

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