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How Can Custody Outcomes Be Affected

Custody outcomes can be affected by a spouse's affair if:

  • The affair affects the children. We discuss elsewhere the fact that judges can perceive the affair might adversely affect the children. If a judge concludes that the affair, and the spouse's conduct during the affair, has harmed the children or will harm them, then the judge might be more likely to grant custody to the other spouse.
  • The affair consumes a lot of time. If your spouse is intensely pursuing the affair and devoting lots of time to the new relationship, a judge may conclude that the spouse will not be able to devote the time to the children that they need.

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Last Update February 1, 2008
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