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.

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.

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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Florida Divorce Laws on Infidelity
 

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Does Cheating Affect Divorce in Pennsylvania?

The state of Pennsylvania recognizes adultery as a fault ground for divorce. This means it is the adulterous spouse's fault, due to his adulterous behavior, that the marriage is ending. While adultery rarely effects custody, visitation, child support or even marital property distribution, it can effect spousal support awarded before and during the divorce proceeding, and alimony awarded in the final divorce decree.

Grounds for Divorce in Tennessee

From attempted murder to refusal to move to the state, the law in Tennessee allows couples to claim some unique grounds for divorce. While a couple may seek a "no-fault" divorce on the basis of irreconcilable differences, the state also allows divorce for fault, which places the blame on one spouse. The Tennessee law lays out the available grounds for divorce, such as adultery, bigamy or cruelty. Whether the divorce is filed on the grounds of desertion or habitual drunkenness, the court may consider marital misconduct in deciding the final divorce decree.

Does Infidelity Affect Child Support?

Infidelity – or any other marital misconduct – doesn't affect child support directly. All states have specific formulas for calculating support, and adultery and marital fault don't come into play. However, there's an outside chance that it might affect the custody terms of your divorce, which may impact your support obligation.

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