Legal Question in Family Law in Missouri

Re: Extramarital affairs & Child Custody

The law and the application of the law by trial court judges are not as simple as your question implies. Generally speaking, the fact that you had an affair does not automatically make you an unfit parent , nor does it automatically mean that it would be in the best interests of the children for you to be denied custody. However, your behaviour may be deemed relevant, and considered by the judge in making a determination of what is in the best interests of the children. Generally speaking what you have admitted to is referred to as "marital misconduct" and under the statutes may be considered by the judge as one of several factors to consider in making a division of marital property and also in awarding maintenance. Usually, people going through a divorce can work out any issues between them, come up with an agreement to be approved by the judge, and save thousands of dollars in attorney's fees and costs. When such a settlement is reached, it avoids the possibility of evidence being presented concerning "marital misconduct'. It certainly appears that you need legal advice, and nothing contained in this post should be taken as legal advice since an attorney would need much, much more info in order to provide legal advice to you on your specific situation. If you are not already represented by an attorney, and your case is in the Eastern half of the state, I may be able to help you. I have handled many domestic matters in the twenty-six years I have been practicing law. You may call me for a free telphone consultation at 314-727-2822.