Child Custody - Does a spouse or partner's infidelity have any bearing upon custody determination?
Q. Does a spouse's / civil union partner's infidelity have any bearing upon custody determinations in New Jersey?Misconceptions abound about the role infidelity plays or does not play in New Jersey custody and parenting time disputes. Learn more now!
An adulterous spouse's infidelity, while hurtful, is an emotional concern with little relevance to the issue of child custody in New Jersey.While an adulterous spouse's or civil union partner's infidelity might well be unspeakably outrageous from the perspective of the loyal spouse, it is an emotional concern with little relevance to the issue of child custody. One possible impact of a spouse's infidelity on the child custody determination would be if the spouse had introduced the lover or lovers into the lives of the children. Another thing that will be taken into consideration is the character and behavior of the new love interest, to the extent it affects the children. Certainly, if the new companion is a pedophile, sex offender, drug addict, alcoholic, violent, abusive, and the like, this could have a negative effect upon the custody determination as obtains to the parent who has chosen such an unsavory association.