I recently moved in with another man. My husband says that he s going to divorce me and take our daughter away from me because I m committing adultery. Adultery is a ground for divorce in most states. It also remains a crime in many states, although the criminal statutes are rarely enforced. With the coming of no-fault divorce in many places, adultery now plays less of a role in divorce cases overall.
Most states use some form of a best interests of the child standard to determine custody issues.
An Arizona court recently ruled that even though adultery is illegal in Arizona, the court must find that the conduct has had a detrimental effect on the child. Therefore, adultery may not have a direct effect on the custody decision, but may play an indirect role. Under the best interests standard, the court will consider your daughter s surroundings, which certainly includes her home life. Your child s relationship with the man with whom you re living, and how your relationship with him affects your daughter, will be relevant in the court s decision. The role of adultery in custody decision may vary from state to state.