Affairs And Custody

In most courts, the fact that one spouse is having or has had an affair will not be a major factor in determining custody.  If the parent’s sexual activity affects the child however, it will be a major consideration.  For example, if the parent is leaving the child unattended while he or she is partaking in a romantic adventure with their new partner, this will affect the case.  Further, is the sexual activity being done in the presence of the child?  This would certainly not be in the best interest of the child.  It is always best to keep any relationship out of the presence of the child until after the divorce.  The child has enough emotional tension just knowing that his parent’s life together is ending.  He really doesn’t need the additional stress of a third party standing in the place of his mother or father.

If an affair is ongoing during the divorce and the new party is spending considerable time, possibly overnights, at the child’s home, one can petition the court to prohibit such conduct.  That third party may be restricted to no overnights or even no interaction with the child in extreme circumstances.  For example, the third party may be engaging in illegal activities such as drug use.  This fact can be harmful to the child and to the parent allowing this conduct in the presence of the child.

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