Does an Affair Impact Child Custody in VA?

Adultery and Child Custody in Virginia – Does Adultery Impact Child Custody in VA?


My name is Nora Misenti, I’m an attorney here at Holcomb Law, and I’ve been asked about the effects that adultery might have on a custody case. Custody is decided based on what’s in the best interest of the child. That being said, the needs of the child are paramount. So the court is going to make that best interest of the child decision based on a number of factors. Marital fault is not one of those factors, but I will say that the factors include things like the parties or the parents’ ability to communicate and cooperate with each other as it relates to important issues involving the child. Also of consideration is whether or not each parent is able to or willing to foster a relationship and contact between the child and the other parent.

Again, I will say that the child’s needs are paramount. And sometimes there are cases where parents are getting divorced, there are allegations of marital fault, adultery or other types, and the parents are not able to separate the issues between themselves from really what’s going on with the child in the custody case. So I will say in that regard, then adultery will have an impact on the custody decision if you are not able to separate the divorce issues from what your child’s needs are. So there is a catch-all category or a catch-all factor that allows the court to take into consideration other information that it thinks is necessary or appropriate in arriving at that decision as to the best interest of the child. Just reach out to us here at the firm. We’ll be happy to speak with you and help get more of your questions answered. Our number here at the firm is (757) 656-1000. Thank you for watching.