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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 12634
Experience:  Experienced in multiple areas of the law.
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My husband is living with a married woman and my 12 year old

Customer Question

My husband is living with a married woman and my 12 year old son is there at this time during his visits. Can his living arrangement help me get full custody
JA: What state are you in? It matters because laws vary by location.
Customer: Alabama
JA: Has anything been filed or reported?
Customer: we have been separated for over a year
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know what im uo against in getting full custody, is this even an option
Submitted: 1 month ago.
Category: Legal
Expert:  RobertJDFL replied 1 month ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 1 month ago.

Good evening,

A court is always going to decide custody based on what they believe is to be in the best interest of the child. In doing so, a court will look at a number of factors, including, but not limited to:

  • The sex and age of the children
  • The characteristics and needs of the children, including their emotional, social, moral, material, and educational needs.
  • The respective home environments of each party.
  • The specific characteristics of the party seeking custody, including that parties age, character, stability, mental and physical health.
  • The parties respective capacity and interest in providing for the needs of the children, including social, moral, material, and educational needs.
  • The interpersonal relationship between each child and the interpersonal relationships between the children and the parents.
  • The effect on the child of disturbing for disrupting or continuing in existing custodial situation.
  • If the child is of sufficient age and maturity, the preference of the child.
  • Reports or recommendations from expert witnesses for independent investigators either of the party or those appointed by the court.
  • Any other factor or relevant evidence which may be presented by the parties that has a bearing on a determination of the best interest of the child.

Adultery isn't directly a factor that a court considers, but it can be considered in that it goes to showing that the other parent isn't necessarily responsible, by bringing a child over to the home of a person they are having an affair with, an it can help prove that you are more "fit" as a parent.

If by full custody you mean "sole" custody - that's not likely. Courts almost never grant that, except in the most extreme cases where a child is in danger or at risk. Generally, a court wants a child to have a relationship with both parents whenever possible, and therefore, it is more likely one parent will be the custodial parent and the child will live with them most of the time while the other parent has visitation rights.