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.

Divorce is never easy, but we can help. Learn More

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.

Divorce is never easy, but we can help. Learn More
Ohio Adultery Laws on Child Support & Alimony

References

Related articles

Does Pennsylvania Have a Spousal Infidelity Law?

What Happens in a Divorce if the Husband Has Cheated in Illinois?

What Happens in Cases of Divorce Where Adultery Is Proven?

Get Divorced Online

Related articles

If the Wife Filed for Divorce, Who Will Get Custody of the Kids?

Does Adultery Justify Divorce?

Grounds for Divorce in Tennessee

Pennsylvania Laws on Third Parties & Child Custody

Browse by category
Ready to Begin? GET STARTED