Adultery is one of the most common reasons for divorce. When going through a divorce caused by infidelity, it’s reasonable to wonder how adultery will affect child custody. Here’s what to know about how cheating affects child custody in California.
In most cases, cheating does not affect child custody decisions in California. California is a no-fault divorce state, so spouses do not have to prove wrongdoing in divorce cases. Child custody is decided based on the best interest of the child.
What is a no-fault divorce state?
Traditionally, a person applying for divorce would have to prove their spouse committed some kind of violation of their marriage contract. No-fault divorces do not require proof of a spouse’s bad behavior. As grounds for a no-fault divorce, the filing spouse can argue the couple no longer gets along and the marriage has broken down. California courts will cite “irreconcilable differences” between the spouses as the reason for divorce. California is a no-fault divorce state, meaning fault-based divorces are no longer recognized or required.
What does the term “best interest of the child” mean in California?
California courts base custody decisions on the “best interest of the child,” a legal standard meant to best support and promote a child’s development, well-being, and happiness. Many factors are considered when determining the best interest of the child, such as the child’s age and custody preference, parental fitness (mental and physical well-being of parents, safety, and parental ability).
When can cheating affect California child custody cases?
Adultery can affect child custody decisions if the extramarital affair harms the child. For example, if a parent leaves their infant child alone all night to have an affair, a court may consider the parent legally unfit and revoke their custody rights.
What do California courts look for in custody decisions?
California courts may evaluate some of the following factors when making custody decisions to uphold the best interests of the child:
- The age of the child,
- The health of the child,
- The relationship between the parents and the child,
- The ability of the parents to care for the child,
- Any history of family violence or substance abuse, and
- How close the child is to their school, home, and their community.
Related: Child Custody Laws in California What You Need to Know
What can negatively affect custody decisions in California?
The main objective of a custody decision is to uphold the health and safety of the child. A parent’s behavior and history (criminal, abusive, etc.) can affect their right to custody. California courts carefully scrutinize parents with a track record of abuse-seeking custody.
The following factors can hurt a parent’s chances of obtaining child custody:
- Abuse towards a spouse or significant other.
- A history of violence and abuse against another person.
- A history of substance misuse.
Related: 10 Tips to Keep Child Custody in California
FAQs About If Cheating Affects Child Custody in California
Can cheating affect child custody in California?
The majority of the time, cheating does not affect child custody decisions in California. Adultery only affects child custody decisions when the extramarital affair causes neglect or harm to the child.
Does adultery affect child support in California?
California law does not punish spouses for adultery. Since California is a no-fault divorce state, adultery does not affect property division, child support, or child custody. Like child custody, child support is not affected by infidelity, unless the affair negatively affected the child.
In California, is one parent more likely to be granted sole custody than the other?
Custody in California is not based on a parent’s gender. When it comes to child custody in California, both parents are treated equally regardless of sex. Sole custody could be awarded to either party based on the best interests of the child, barring:
- Any history of drug problems or domestic violence.
- That the child is very young and would benefit from residing with one of the parents.
How is child custody determined in California?
Custody is decided according to the child’s best interests, including a child’s health and safety, as well as a positive relationship with both parents. Gender, ethnicity, religion, sexual orientation, disability, or financial condition have no bearing on the custody decision. California law aims to ensure the process is as fair and equal as possible.
Related: Child Custody FAQs in California
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