How much does having an affair affect your child custody battle? In other words, if someone cheats, does the other parent get the kids? This is a common misconception. Affairs might not be as important as you think when determining who gets custody of the children. Having an affair does not mean you lose your kids. (View 3 Reasons You Might Lose Custody here.)
Were the children directly impacted by the affair?
In most cases, having an affair is not going to affect custody. One exception to this rule, is if the affair had a direct impact on the children. For instance, if the parent missed an important event of the child’s to meet up with their lover. Another example would be if the parent rearranged the child’s life or schedule for the affair. Some parents will even put their children in danger for an affair. For instance, a parent might leave the children sitting in a car to run in and see their lover. It can also be dangerous for the children if the parent has a lot of different romantic partners and exposes the children to them.
Most of the time, an affair has no affect on custody at all.
But that’s almost never true. Most parents go out of their way to make sure that the children never find out about the affair. So when you ask the judge or jury who the children should live with, the fact that there has been adultery in that marriage doesn’t even enter into the equation.
While it might not have very much impact on your case in a courtroom, it can still be difficult for your children to deal with in their own lives. Make sure you are not subjecting your children to toxic situations between you and your spouse. (You can learn more about how infidelity affects kids here.)
If you’re involved in a custody battle and you want to know more about whether having an affair means you lose your kids, give our office a call.