The Weight Of Adultery In Child Custody Determinations
Going through a custody battle can be difficult and stressful. Fighting for your children while having to prove your ability as a parent can take a lot of time and energy.
There are a variety of different factors that can impact child custody determinations. The courts try to look at both parents as a whole in order to make the best decision for the custody arrangement and parenting of the children involved.
Adultery can play a role in custody cases. It may not have a major impact on the custody case, but adultery could be considered as a factor that may impact custody.
Working with an attorney throughout the process can help. A child custody attorney can help you prepare your case for court while gathering information and evidence for any potential circumstances your spouse may try to use against you.
Jason Campbell is an experienced Mississippi custody attorney committed to fighting for the rights of his clients.
Contact Campbell Law today to learn more about how we may be able to help you.
How is Custody Determined?
There are a lot of factors that are considered when making child custody decisions. The main thing the courts consider when determining custody is the child(ren)'s best interest.
The courts typically award custody to the parent that they determine will better serve the best interests and welfare of the child(ren). Some of the factors they look at include the relationship between the parent and child, the home environment, and the health of each parent.
What Can Impact Custody?
A wide of factors can impact custody decisions. What can impact custody depends on how the factors relate to the children and the ability to parent.
There are a few legal presumptions for what’s in the best interest of the child(ren). These presumptions may help you understand the likely outcome of a custody battle if any of these factors apply to you.
There is a legal presumption against a violent parent, meaning that a parent who is proven to be violent is unlikely to be granted custody. There is also a presumption that a natural parent is favored over an adoptive parent.
It’s important to note that while favoring a natural parent over an adoptive parent is a common legal presumption, it does not mean that it is followed all of the time.
Adultery and Child Custody
Adultery can play a factor in child custody decisions, but it’s uncommon for it to be a major factor. The major factors of child custody determinations involve parent-child relationships, and adultery doesn’t necessarily interfere with the parent-child relationship.
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Albright factors are a major consideration in Mississippi child custody cases. They’re used to assess the best interests of the child(ren) involved.
One of the Albright factors is moral fitness. A spouse who committed adultery could lose this factor. However, moral fitness is just one of a dozen factors that are considered. Adultery on its own doesn’t disqualify someone from having custody, and moral fitness doesn’t carry more weight than the other Albright factors.
It’s uncommon for infidelity to be used against a parent in custody proceedings, but that doesn’t mean it doesn’t happen. The life your spouse has built in the wake of an affair could have an impact on custody determinations.
The courts consider the level of adjustment the child will face and the children’s wishes. If the affair becomes a relationship that the child isn’t comfortable with, they might not be comfortable with the living situation. This could impact how child custody is determined.
Contact a Custody Attorney
Custody battles can be difficult and emotionally draining. There are a lot of factors involved, and it can be difficult to sort through everything on your own. Adultery can complicate custody decisions even more than usual.
An attorney can work with you to help prepare your child custody case. An experienced attorney can help you get the best possible outcome for you and your children.
Contact Campbell today to learn more about how we may be able to help you with your custody case.
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