{"id":351668,"date":"2024-10-24T15:09:00","date_gmt":"2024-10-24T20:09:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/child-custody\/will-i-lose-child-custody-for-cheating.html"},"modified":"2024-10-24T15:09:00","modified_gmt":"2024-10-24T20:09:00","slug":"will-i-lose-child-custody-for-cheating","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-custody\/will-i-lose-child-custody-for-cheating.html","title":{"rendered":"Will I Lose Child Custody if I Cheated on My Spouse?"},"content":{"rendered":"\n
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Will I Lose Child Custody if I Cheated on My Spouse?<\/h1>\n
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\n By Hannah Hilst<\/a> | Legally reviewed by Melissa McCall, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Infidelity will not automatically take away your parental rights. Yet, some circumstances surrounding an affair could affect your child custody case. The judge will consider anything that opposes the child\u2019s best interests.<\/p>\n\n <\/div>\n\n

Marriages end for many reasons. Judges try to make fair decisions for children regardless of the parents\u2019 situation. Even in a contentious divorce or custody battle, the court\u2019s role is neutral. It bases custody arrangements on factors relevant to the child\u2019s care.<\/p>\r\n

Adultery affects child custody if it creates a negative impact on the child. Yet, many parents try to keep the details of an affair hidden from children to prevent that possibility. They might still be able to co-parent effectively, and many share custody.<\/p>\r\n

How Affairs Differ in Child Custody and Divorce<\/h2>\r\n

In the divorce process, cheating could be somewhat relevant to the court. It may affect awards in an at-fault divorce state<\/a>. A non-cheating spouse might receive more marital assets or spousal support (alimony).<\/p>\r\n

Cheating could also affect cases in no-fault divorce states. Most states don\u2019t allow penalties for cheating itself. Some losses from an affair may be significant enough for property division. For example, lavish gifts and travel expenses can deplete a couple\u2019s finances.<\/p>\r\n

Alternatively, a couple might have a prenuptial agreement<\/a> that penalizes infidelity in some way. For example, the spouses could have agreed that a non-cheating party would receive the family home or other real estate. A divorce settlement<\/a> can also allow both parties to negotiate what\u2019s fair.<\/p>\r\n

Unlike divorce cases, child custody<\/a> and child support<\/a> cases don\u2019t necessarily prioritize what\u2019s fair between the parents. The outcome doesn\u2019t depend on divorce fault or a prior agreement. Rather, the court will focus on what\u2019s best for the child.<\/p>\r\n

Child Custody Decisions Prioritize the Child<\/h2>\r\n

Courts aim to protect the best interests of the child<\/a> in custody and visitation cases. It is a legal standard, not a personal or moral standard. Yet, \u201cbest interests\u201d can be difficult to define because each case is unique. Judges look at many elements to see which arrangement will achieve this goal.<\/p>\r\n

Some factors that shape custody decisions include:<\/p>\r\n