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If I have committed adultery can I lose custody of my child in the state of South Carolina?

Columbia, SC |

My husband and I split up at the end of last year and I starting seeing an old friend. Unfortunately, I gave my husband a second chance after he had cheated on me as well and we kissed and made up. Things between my husband and I never got any better and I continued my relationship with the other man. Now that we are going through a full blown divorce he wants custody of my two year old child. Can he take her from me now that he has proof that I have committed adultery?

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Filed under: Divorce Child custody
Attorney answers 1


The judge will look at what is in the best interest of the child to determine custody. Immoral conduct, such as adultery, is considered only if it directly affects the welfare of the child.

If you are in the middle of a “full blown” divorce with custody highly disputed, you should speak with an attorney today. This is not something you should delay or take lightly.

I hope this information is helpful.

David Haar, Esq.
Spirakis & Haar, PA
Myrtle Beach, SC

* *This is general advice; please consult with a local attorney about the specifics of your situation as everybody's circumstances vary and laws may differ from jurisdiction to jurisdiction. No attorney client relationship has been formed by the providing of this advice.

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