Cheating And Child Custody In Michigan
Discovering that your spouse or partner has been unfaithful can be devastating. While it may be possible to work through the feelings that cheating may present, for many, it results in the end of a relationship. If this is you and you have children with your partner, then you may be wondering how cheating will impact your impending custody case. In most scenarios, merely being unfaithful will not have a direct effect on your custody matter, but it may come into play in some cases. Still, before you file your custody case, it is always recommended to first consult with an experienced family law attorney for valuable guidance.
How The Law Views Cheating
While most of us see cheating as a serious offense and a breach of trust, the law may view cheating differently. Also known as adultery, cheating is usually defined under the law as sexual contact with someone who is not your partner. What this means is that sending explicit photos or establishing an emotional connection may not be considered adultery under the law. In other words, for the court to consider cheating in your custody case, there generally must be some sexual contact with a person that is not your partner.
How Cheating Can Impact Child Custody
While it is unlikely that you will get a more favorable outcome in your custody case simply because your partner cheated, it can be a factor in determining the fitness of a parent. What this means is that the circumstances surrounding the unfaithfulness, along with the character and history of the person your partner cheated with, may come into play in your custody case.
Still, it is important that you remember that your custody case will be decided on what is in your child’s best interest. As a result, your partner’s unfaithfulness may be considered if it can be shown that it jeopardizes your child’s wellbeing. Here are a few examples of this:
Your Partner’s Lover Has A History Of Abusing Children
If your partner is involved with a person that has been known to abuse kids, then this certainly will be relevant in your custody case. Choosing to be in a relationship with someone who has a history of child abuse will call in to question the judgment of your partner. While your partner’s lover may be ordered to stay away from your children, this can also cause the court to give you more time with your kids.
The Cheating Took Place In The Presence Of Your Children
Children are very impressionable. They soak up what they see like sponges. A child witnessing a parent openly having an affair can have a tremendous effect on their development and emotional state. A judge can certainly consider the fitness of a parent that willingly subjects their children to potentially damaging events.
Your Partner Involved Your Kids In The Affair
It is not unheard of for a cheating parent to ask their children to lie about the affair. Again, this sort of behavior can wreak havoc on a child’s growth and view of the world. Any parent that will risk their child’s wellbeing for their own gain can be held accountable in a custody hearing.
Michigan Child Custody Attorney
To learn more about child custody, you should speak with an experienced family law attorney. Law Offices of Ravi R. Gurumurthy, PLC meaningfully helps clients facing various family law issues, including custody, divorce, and more. We’ll help you gauge your legal options and the right steps to take to accomplish your custody goals. Reach out to Law Offices of Ravi R. Gurumurthy, PLC by calling (231) 577-1580 or by contacting us online today.
