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This is difficult to answer because the main deciding factor is the judge in the case. If the spouse is a good parent (I realize many of us don't consider a cheating partner being a good parent though it has little impact if the child is protected properly), it is unlikely the judge will award sole custody to the faithful party.
Also, keep in mind that in most jurisdictions you will need to file for divorce. Custody will be determined as part of the divorce proceeding and having an extramarital affair is generally not a reason for denying custody.
ANSWER:
You may or you may not, it depends on the judge and the lawyer. Reality check here if you must know, if your children is very young and the spouse who's having affair brought that person at home where your kids are, that is a big NO-NO. The judge will think the safety of your kids, why? wow you can't let your children see the person who's having the affair with you in the house knowing the two of you will end up having sex.
My point here is don't do what my ex did when he was having his fun with his mistress. Her young son was at home when he went and see her, do I need to say more???.....its sick not a Christian way to me...sorry!!
It depends on the state...most are "no fault" states. This means that an affair has no bearing on the results of the case. Well being is the determining factor. She would have to be proven "unfit" by you to obtain a majority or full custody.
Generally speaking, a parent needs to be shown to be an unsuitable or incapable parent to keep custody of their child or children if legally challenged.
Just having a relationship with another person won't do it in Western countries. Nobody would ever remarry or establish new family units if this were the case. There would have to be evidence of other behavior which might lead to neglect, ill-treatment, endangerment, and so on, of the offspring in their custody; this behavior might or might not be related to a new relationship; each case is different.
The law applies equally to both parents in matters of custody, though factors must be taken into account in the legal process when custodial rights are in question which might necessarily favour one parent or the other.
Believe it or not, in some states yes. Adultery is still on the books as a crime in 22 states and if parents are convicted of a crime, they risk obtaining or maintaining custody of their children.
And even in states where it isn't a crime, the parents' lifestyles are taken into consideration when deciding where it would be in the best interests of the child to reside. The courts usually will award custody to the parent who can provide a more stable environment.
Infidelity does not make a person a bad parent. It cannot be used to claim that a parent does not have the ability to love and care for their children, and a court will not take away custody of children because of it.
Don't you mean can the father of your child removed his child from the immoral influence of an adulteress? Yes.
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Do I lose custody of my child if I remarry my child's mother after having sole custody?
When married you have equal rights to the child.
Can a mother lose custody of her child because she has had the child around her boyfriend?
no
Can you lose custody of a child if you move in someone with HIV?
Yes
My ex husband is going to be found in contempt for not following child custody orders does he lose custody for not bringing her back at said time through the judge Do i win full custody of the child?
most likely he will lose his rights til the judge decides what is best for the child.
Can a mother loose custody of child if she doesn't have a stable home for her or baby?
It is possible for any family to lose custody of a child if the child is not well taken care of.
If you lose custody of a child can you get them back after 10 years?
As in taking the child away from the other parent? Perhaps
Can a mother lose custody of her child in Washington state if she has a gross misdemeanor?
yes.
Can custody be given to spouse due to other spouse committing adultery before divorce but after having moved to their own home?
yes, it can yes, it can Depending on the state you live in, in Michigan cohabitation is illegal so if one spouse is living with another person and not married to that person they can lose custody.
How does a mother lose her child in a custody battle?
If she is found to be unfit or addicted to drugs she could lose custody. Additionally, if she refuses to give the father visitation the judge could find her in contempt and change custody to the father.
Can you lose child custody if you are arrested for traffic violations?
That would depend on the types and frequency.
Can mother lose custody to father if child fails in school?
Yes. This has happened to my cousin.
Is it illegal to leave children alone if father has full custody?
Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.
