Can He Get Custody Based on My Adultery?

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Question:

I am separated from my husband and have recently began dating another man.  Could he "get me" on adultery and try to take full custody of our 2 children? We do not live under the same roof and I have a legit separation agreement (that he wont sign). -- Anna

Answer:

Anna:  He can file for divorce based on grounds of adultery, but the test for custody is best interests of the children.  That depends more on whether you are a good parent rather than whether you are a good spouse.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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