How does child custody get decided in divorce when there was adultery? Will I lose the kids?

Adultery may or may not matter too much in Illinois custody decisions. If a guardian ad litem has to come into the case to help assess custody, he or she will bring in his or her own biases and life experiences; as will the judge. Nonetheless, if custody is an issue and there was adultery in the marriage, how much cheating matters will probably be determined by:

  • Is an affair still going on?
  • Age of the children
  • Was it done discreetly?
  • Is the new girlfriend/ boyfriend living with the divorcing spouse?

It is all about "the best interests of the children". Many people wonder if it will mean losing the kids if they cheated. Unless it can be shown that the kids are being negatively impacted by the adultery, it typically doesn't play into custody decisions at all. And "losing the kids" can mean different things to different people. These concerns should not be taken lightly and should be discussed with a divorce lawyer. 

Divorce can get very complex and adultery may make it moreso. If you are considering divorce, and infidelity has occured, come in to speak confidentially about what a divorce might look like for you. We are located in Schaumburg and Itasca and look forward to sitting down with you. 

Carol O'Connor Cadiz
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Attorney & Owner at O'Connor Cadiz Law: Bankruptcy, Injury, Real Estate & Mediation