Cheating spouse? That might help your custody case
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Cheating spouse? That might help your custody case

You never wanted to believe that your spouse would cheat on you, but when your child brought you a short video they’d taken when their dad had a friend over, you knew that it was happening. You spoke with your spouse about their adultery, and you both decided that it was time to divorce.

You can’t ignore the fact that they brought this other person into your home or that your child saw them. You know that your child will put two and two together and realize that the other parent did something wrong. What you can’t forgive is that your child was pulled into this situation unfairly.

That’s why you want to seek primary custody. You want to have your child with you, and you want to make sure the other parent only sees them with supervision. You don’t feel like you can trust the other parent to make good decisions, and you can’t trust who will be around your child.

Adultery doesn’t guarantee custody

Although adultery is painful, it won’t necessarily guarantee that you’ll get the custody arrangements you want. However, if you can show that the other parent doesn’t have a suitable home environment or that their infidelity will result in dangerous or negative situations that your child would be exposed to, then you may have a better chance of being awarded more custody time.

Sit down and talk to your spouse about what you’d like to see happen in the future and why you’re seeking primary custody. If it’s agreeable, they may sign off on a custody plan. If they want to argue your decision, then you may want to have representation when you head to court.