Can a husband take full custody from the mother if she commits adultery?

UPDATED: Jan 13, 2013

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Can a husband take full custody from the mother if she commits adultery?

Asked on January 13, 2013 under Family Law, Montana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In and of itself, adultery is not a reason to deny the offending parent custody.  As a general rule, the court will make child custody decisions based solely on the best interests of the child. The parents each have equal rights with respect to being awarded custody.

The court will consider several factors in making a custody determination, including but not limited to:

  • Circumstances of the spouses
  • Nature of the case
  • Religious faith of parents and child
  • Welfare of the child
  • Best spiritual and other interests of the child
  • Child's preference for custody based upon child's age, experience, maturity, judgment and ability to express preference

If the adultery affects any of the above factors, then that may play a role as to who gets custody.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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