Colorado is a no-fault state which mean an affair does not significantly influence proceedings in a dissolution. This court does isn’t interested in why a marriage has fallen apart, only if the marriage is considered forever broken. Are you in a divorce resulting from adultery? If so, you may be curious if an affair impacts child custody arrangements in Colorado.
There is not a single, pure answer to this specific query. It’s acknowledged that adultery is a terrible kind of betrayal in a marriage, however, it does not always strike at child custody decisions.
A matter of infidelity, well hidden, may not directly impact child custody or visitation arrangements, if the philandering adult is a good parent to the children originating from the marriage.
There are times, though, when a parent’s moral fitness must be addressed. This often occurs in divorce cases with challenged child custody cases. If the adulterer exposes their children to the unfaithfulness, or neglects them due to the extra-marital affair, then the parent may have a hard time getting the court to order custody of the children in divorce proceedings.
A judge may view more harshly the consequences of infidelity if the unfaithful parent has made obvious the affair in front of his or her children. A divorce is a very bewildering and difficult time for the entire family; any parent who without discretion maintains an affair in the child’s presence shows an extremely poor sense of judgment. In granting child custody, the judge could take this element into his deliberations about the case.
The same consideration applies to a parent who introduces his or her children to a new paramour (or partners) during the divorce proceedings. Although the married couple may be separated and the dissolution proceedings may have started, it may be bewildering for children of any age to meet their parent’s new boyfriend or girlfriend.
When deciding on a child custody matter, a judge will always look at the best interests of the child. It is an individual judge’s responsibility to closely scrutinize the circumstances and facts of the purported affair to decide whether it will impact decisions on child custody.
Although an affair usually does not affect decisions on child custody, it can have some form of influence several other matters such as on alimony and marital property settlement. You, the betrayed spouse, may use your spouse’s infidelity as leverage in order to continue living your current lifestyle. You may also be entitled to receive monetary compensation if you can show that your spouse who had an affair spent a large amount of money on the other person.