Legal Question in Family Law in New Jersey
child custody and adultery
can a child(ren) be taken away or custody given to the other parent if adultery was committed and there was evidence of it?
1 Answer from Attorneys
Re: child custody and adultery
Please be advised that I have not been retained to represent you and I am basing this response on the limited amount of information supplied. However, custody of children is based on a standard called "the best interests of the child." Ideally, Courts try to keep the children in a situation where both parents have some custody and vistation rights. However, there are circumstances in which the Court will feel that it is unwise to allow the children to be in the home or company of one of the parents and that parent's rights can be terminated. Adultry alone in a divorce situation is not in itself something that will cause you to lose all rights to your children. The Court will look to the age of the children, their stability, well being, your and your ex-spouses ability to provide for and care for the children and whether being in an environment with you is healthy or harmful for the children. The Court will also look to your and your ex-spouses wishes and the child's wishes and it will then make a determination as to the "best interest of the child." If you wish to speak with me furhter on this or any other issue, I can be reached at 908-537-7975.
Good Luck!