Legal Question in Family Law in South Carolina

There is not a simple answer to your question. Custody is determined by the best interests of the child. If your child has been affected by the adultery then the answer is maybe. Has your child been around your paramour while you are married? Does the child know that this person is your boyfriend or girlfriend? Are you residing with your paramour? If your child has not been around your paramour and your child doesn't know you have a paramour then it may not affect custody. If you live with your paramour then you probably will not get custody because the court will likely issue a restraining order restraining the parents from exposing the child to overnight guests of the opposite sex. To determine who will get custody, the Court will look at which parent has been most involved in child's life (the primary caregiver), which parent has the ability to care for the child, which parent's home is most appropriate for the child, and many other factors. If you are in a custody battle, I would stronly recommend that you seek the advice of an attorney.