When a spouse found out recently that their soon-to-be ex-spouse had been cheating, she naturally felt devastated and betrayed and immediately filed for a divorce. As their proceedings began, the faithful spouse’s pain soon turned to anger, and they decided to make the cheating spouse pay—by using their children as leverage in child custody decisions.
“Why should they get to benefit from these child custody decisions after what they did to us?” the faithful spouse thought.
By focusing on the affair, the faithful spouse thought they could gain full custody and cut the cheating spouse out of the kids’ lives. Unfortunately, cheating accusations in at-fault divorce cases don’t typically influence child custody decisions.
The Child’s Best Interests
The fact that your spouse committed adultery may impact certain aspects of the divorce, such as property division. The same can’t be said for child custody. The reason: Courts universally base child custody on the child’s best interests.
In Texas courts, “the child’s best interest” is the guiding principle the court uses to make decisions about child custody, support, and visitation arrangements. This standard prioritizes the child’s well-being, safety, and development over any other factors—including adultery—ensuring that any decisions provide for the child’s emotional, physical, and psychological health.
The court’s goal is to create a child custody arrangement that best supports the child without using the child to punish the cheating spouse. If you feel that your soon-to-be ex-spouse is trying to weaponize child custody, support, or visitation against you, contact a capable family law attorney who is experienced in child custody cases.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Looking for family law services? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities throughout the Dallas-Fort Worth area, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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