If I’m going through a divorce, will an affair affect custody?

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If I’m going through a divorce, will an affair affect custody?

Asked on December 22, 2012 under Family Law, Michigan

Answers:

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

Answered 9 years ago | Contributor

In a no-fault state (and yours is such a state), having an affair should effect custody (especially if it started after the divorce was filed). However, if the children were exposed to things that they shouldn't have been and/or were harmed by the affair in some way (e.g. money was spent on a mistress instead of the children), then it may well be a factor in custody (or at least the amont of support awarded).

At this point, you should directly consult with a divorce attorney in your area as to specific state law.


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