What You Need to Know About Adultery and Child Custody in California
Adultery is the voluntary act of sexual intercourse between a married person and a person who is not their spouse. Here’s how adultery affects child custody in California.
Adultery is not illegal in California. Therefore, there are no direct legal consequences of adultery in regards to divorce or child custody in the state.
California is a “No-Fault” Divorce State
California is a “no-fault” divorce state, meaning that the spouse filing for divorce does not need to prove that the other spouse did anything wrong. Instead, they can just state that the couple cannot get along, and they can get a divorce due to “irreconcilable differences.” Adultery, therefore, is not considered in the court’s decision to grant the divorce or in any other matters, such as spousal support, child custody, or property division.
Related: Adultery Laws in California: What You Need to Know
How is Child Custody Determined?
Child custody is determined by the court based on the “child’s best interests.” The California Family Code Section 3020 defines the child’s best interests, stating that the “health, safety and welfare of children shall be the court’s primary concern in determining the best interests of children” when determining custody rights.
Related: What The “Child’s Best Interests” Mean in California Courts
The court’s policy is also to ensure that the child has regular contact with both of their parents after their separation, regardless of the reason for the separation, except in situations where doing so would not be in the child’s best interests.
The court also considers a number of factors related to the custody-seeking parent, including the emotional connection between the child and the parent and the ability of the parent to care for the child. This includes a history of drug or alcohol abuse, or abuse against any of the following:
- A child, whose custody is being sought, that is related to the person seeking custody biologically or by association, or who has been cared for by the person seeking custody for any length of time
- The other parent
- A parent, current spouse, or significant other
Related: Factors that Determine Child Custody in California
Therefore, child custody is mainly determined on the basis of the parents’ ability to provide adequate care to the child, and what is in the child’s best interests.
How Does Adultery Affect This?
Adultery has little effect on child custody in California. Because California is a “no-fault” divorce state, there are no direct legal consequences for adultery. Similarly, the court doesn’t directly consider adultery when making decisions in child custody cases, and prioritizes ensuring that the child has contact with both parents after the separation (unless it is not in the child’s best interests).
The only way in which adultery would have a significant effect on a child custody decision in California is if it was drastically detrimental to the parent’s ability to care for the child, or if the event was harmful to the child, and it is in the child’s best interests for the parent to not be given custody.
FAQs About How Adultery Affects Child Custody in California
Does California legally recognize adultery as a reason for a divorce?
No. While adultery can certainly be a reason for a couple to get a divorce, the legal reason for the couple’s divorce would be “irreconcilable differences.” California is a “no-fault” divorce state, meaning that a couple simply not being able to get along is reason enough for them to get a divorce.
My husband committed adultery, and I don’t want him to have any custody of or contact with my child. Is this possible?
The courts make child custody decisions based on the child’s best interests, and it is in the courts’ policy to ensure that the child has regular contact with both of their parents unless it would be against the child’s best interests. Adultery is not reason alone to not grant custody to a parent. Therefore, you must prove to the court that granting custody to your husband would not be in your child’s best interests for such an order to be made.
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If you have any more questions about how adultery affects child custody in California, contact us. Get your free consultation with one of our experienced Child Custody Attorneys today!