QUESTION

Divorce and custody

Asked on Mar 28th, 2015 on Child Custody - New York
More details to this question:
Does a judge take adultery (on the wife's part) into consideration when there is a custody case?
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1 ANSWER

The appropriate standard for custody determination is the best interest of the child. Adultery may be considered, but really, unless lewd and inappropriate things were taking place in front of the child, it is less a factor than looking at hygiene, school records, who has primarily cared for the child, among other things. Many courts today don't look at adultery with the same level of disfavor as courts once viewed it. Talk to your lawyer about the best way to handle your custody dispute. Good luck.
Answered on Mar 30th, 2015 at 12:34 PM

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