Parental fitness – the ability a parent has to provide a safe, nurturing and healthy environment for a child – is extremely important. In California, the best interest of the child is the most important thing when it comes to determining child custody. Related: Does cheating affect custody? When Cheating and Being an Unfit Parent Go Hand-in-Hand The exception is when your husband’s cheating changes his “fitness” as a parent. The state of California recognizes that it’s in a child’s best interest to have a healthy relationship with both of his or her parents. That means even if your husband cheated on you multiple times, or in plain view of your children, judges can’t usually say, “Well, you automatically get child custody.” (There are some exceptions, though, which we’ll cover next.) The courts can’t use fault to determine things like child custody in most divorce cases. Your Rights to Child Custody After Your Husband Cheated If you can prove what your spouse spent on his affair partner, the court may be able to order him to repay your marital estate for it. California is a community property state, which means everything that you accumulate while you’re married belongs to both of you equally. That can happen when your spouse spent money on his affair partner that belonged to your marital estate. In one special – and rare – circumstance, you may be entitled to reimbursement from your spouse. Your Rights if Your Husband Spent Money on an Affair Partner You also have the right to a fair amount of time with your children, if you have them, and you may be entitled to spousal support. You are entitled to a divorce if you want one – and because California is a no-fault divorce state, you don’t have to have a reason at all. Generally speaking, your husband’s infidelity doesn’t grant you any special rights in your divorce. Related: Should you divorce a cheating spouse? Some spouses stay, working toward resolutions (both personal and marital) – but others can’t live with the trauma. There’s no doubt that cheating often leads to divorce.
It’s something that destroys the foundation of a marriage, and it sends spouses looking for an “out.” And while cheating won’t have an impact on child custody (except in rare cases), you absolutely have rights if your husband cheated on you.
Often, cheating is an unforgivable offense. Many people who come to us for help have similar stories – thanks to an unfaithful husband, the marriage is on the rocks.
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