Adultery’s Effect On Custody Decisions

Posted on Jul 12, 2010 by Hofheimer Family Law

Virginia women who are facing divorce on the grounds of adultery have a lot of concerns about what their actions might mean for their future. The biggest worry most women have is if and how their adultery will affect a Virginia court’s decision regarding child custody.

The greatest fear, of course, is that the court will be biased against a woman who has committed adultery and will favor her ex when it comes to custody of their children.

First off, adultery is hard to prove in most cases, so even if your husband has strong suspicions of infidelity, he might not be able to prove adultery in court.

Secondly, even if he has proof or you admitted to the adultery at some point, it doesn’t mean that it will count against you when it comes to child custody.

Virginia courts take the child’s best interests into consideration first and foremost. In most situations, a mother’s affair doesn’t involve or harm the child in any way, so isn’t taken into account as a factor when determining child custody.

Other factors, such as financial stability, relationship between mother and children, and the mother’s mental state and overall lifestyle, count much more when a court is determining Virginia child custody issues.

Each child custody case is unique. If you have concerns about how your affair will impact your child custody case, you should speak with your Virginia divorce attorney.

Your attorney will fight for your rights and counsel you on the best course of action to take.

To learn more about adultery in a Virginia divorce visit our article library.

At Hofheimer Family Law Firm, we understand that the health and happiness of your children is your #1 concern. We will work with you to address any fears and anxieties you may have about your children’s future. Our women’s-only divorce attorneys will guide you every step of the way to advocate that you achieve the best possible child custody and child support arrangements for you and your children.

To learn more about your Virginia divorce, request a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserve your seat at our monthly divorce seminar – 757-425-5200.