Does Infidelity Affect the Outcome of a Child Custody Case?

Today, most states—including Colorado—are no-fault divorce states. While once spouses had to prove the other spouse “guilty” of some infraction such as abandonment or adultery to obtain a divorce, now fault does not enter into the discussion for a judge to order a dissolution of marriage. In Colorado, the only legal grounds for divorce is that the marriage is “irretrievably broken.”

Under this no-fault divorce rule, one spouse’s infidelity does not affect the outcome of most divorce terms with one relatively uncommon exception. Depending on the circumstances, an extra-marital relationship can impact a child custody case. For legal assistance on your unique situation, call our Denver child custody lawyers for a free case review today.

How Do Courts Decide On Child Custody Now That They No Longer Automatically Favor Mothers?

Like most states, Colorado has moved away from the historical belief that child custody should default to mothers with visitation rights to divorced fathers relegating them to every other weekend parenting. Instead, the courts do not consider gender roles or gender identity when making child custody decisions. The court upholds the “child’s best interest” standard in family court, requiring a judge to rule in favor of the outcome that supports the best interest of the child in the case.

When deciding on a child’s best interest, Colorado courts presume that continued close contact with both parents is best for children; however, this is a rebuttable presumption. A parent may present evidence to the court that continued contact with the other parent isn’t in the child’s best interest if the circumstances of shared custody with a co-parent would endanger the child’s physical or emotional health, safety, and well-being.

How Does A Spouse’s Infidelity Impact Child Custody?

In most cases, a parent’s personal life and an extra-marital relationship have no bearing on their parental rights, including the right to shared custody of their children. Only under specific circumstances such as the following could infidelity affect the outcome of a custody case:

• If the spouse spent so much time and money on the other relationship that it adversely affected the care, support, and nurturing of their child
• If the parent rearranged their child’s schedule to accommodate the extra-marital relationship
• If the children were endangered by the affair, such as a parent leaving young children at home unattended while leaving to meet their new partner
• If the children were left in the care of the new partner and the person has a record of criminal violence or sexual abuse

The impact of an extra-marital relationship particularly impacts child custody if the cheating spouse decides to continue the relationship after the divorce. In this case, the new romantic interest becomes a central figure in the custody case because of the children’s current or future exposure to another adult in one parent’s home.

If the background of the new partner suggests a possible danger to the children, a court could limit or restrict the parent’s access to their children. Further, the court might look unfavorably upon a spouse who exposes their children to a new relationship during the already destabilizing divorce process or plans to expose them to the new partner very soon after the divorce. 

How Can a Child Custody Attorney Help Me?

Whether you are the spouse with an extra-marital relationship or your spouse has committed infidelity, it’s important to speak to an experienced child custody lawyer about how it might impact your child custody case. Call Ciancio Ciancio Brown, P.C. today so we can review the circumstances of your case and represent your child’s best interests throughout the Colorado divorce and child custody process.