Will adultery affect a child custody decision?

Adultery leading to divorce in Texas may affect a Texas child custody case. In a child custody case, the court’s responsibility is to do what is in the best interest of the child by looking at both parents’: 

• character;
• financial viability; and
• living situation to determine a safe and healthy custody arrangement.

In general, adultery is considered to be breach of trust between the married couple, and not any direct harm to the children, but there are exceptions. The effects that an affair can have on a Texas child custody case can vary from one situation to the next, so those facing a case like this may consult a Plano child custody lawyer for case evaluation and legal guidance.

Adultery and Divorce in Texas and How it May Affect Child Custody

Adultery can cast the cheating partner in a bad light, but the degree to which it might influence custody could depend on how much the adultery affected the children. For example, if the cheating partner brought lovers home while the children were present, or allowed his or her secret love life to affect the ability to be there for the kids, this could show that the parent was putting his or her lovers above responsibilities as a parent.

Of course, courts can only make decisions based on facts and evidence. While accusations of adultery are common, proving adultery may be more difficult and can involve Plano child custody and divorce lawyers. Regardless of whether it’s you or your spouse who cheated – or was accused of cheating – it’s important to seek the guidance of a Plano child custody lawyer at Warren & Migliaccio when facing a case in which adultery led to divorce in Texas.