Georgia Law on Custody If Adultery Is Committed

By Mary Jane Freeman

When spouses get divorced in Georgia, one spouse's infidelity usually doesn't influence the court's decision when it comes to custody. However, the court will take it into account if the unfaithful spouse's behavior had a negative impact on his children's best interests.

When spouses get divorced in Georgia, one spouse's infidelity usually doesn't influence the court's decision when it comes to custody. However, the court will take it into account if the unfaithful spouse's behavior had a negative impact on his children's best interests.

Best Interests of the Child

Georgia, like all states, determines custody based on the best interests of the child. To determine whether one or both parents will provide a home for the children or make important decisions concerning their welfare, Georgia courts look at a variety of factors, from the mental and physical health of each parent to the affection, love, emotional ties and bonding between parents and children.

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Impact of Adultery on Custody

While infidelity is not likely to impact the court's custody decision, if the cheating spouse involved his children in the adulterous relationship -- for example, by engaging in the extramarital affair while in the children's presence or neglecting the children as a result of his cheating -- the court will likely take this behavior under consideration. Since the parent's actions were not in the children's best interests, it may result in the parent losing custody during divorce.

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Who Gets Custody in an Adultery Case?

References

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Virginia Laws Governing Divorce & Separation

Virginia law is unusual in the terminology it uses to refer to divorce and separation. Legal separation is referred to as "divorce from bed and board," while a complete dissolution of the marriage is a "divorce from the bond of matrimony." During a divorce from bed and board, the couple may ask the court to award spousal maintenance or set up a custody schedule, but neither spouse is permitted to remarry until the spouses obtain a divorce from the bond of matrimony.

Orders to Change Child Custody in Mississippi

Spouses going through divorce often have many issues to contend with, and working out child custody is often one of the biggest ones. Since divorces can take several months or more, Mississippi permits divorcing spouses to enter into a temporary custody arrangement while the divorce is pending. Since the state encourages parents to reach an agreement on their own, divorce courts often order parents to attend mediation to help facilitate the negotiation process.

Reasons to Deny Custody

Divorcing parents can't deny each other custody, but courts can do so. Judges typically do their best to preserve the relationship between a child and both parents, but this doesn't work in all circumstances. Courts rarely order joint custody when parents can't get along well enough to make it work. As a result, one parent ends up with custody and, barring egregious circumstances, the other gets visitation.

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