Who Gets Custody if a Spouse Cheated?

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Many people assume that the conduct of the spouse leading up to the divorce is a big factor in who gets custody. The truth is more complex than that when it comes to divorce and Minnesota family law.

Minnesota Divorce Laws

Minnesota is a no-fault divorce state. That means that the court isn’t really concerned with the reasons behind the divorce. You will not get custody automatically just because your spouse cheated.


Family Law


However, your conduct during the divorce does matter. If you are spending more time with the new beau or belle than you are with your children then you can expect this behavior to have an impact. If you are inviting the new beau or belle to sleep overnight while the children are in the house then you can expect this behavior to have an impact as well.

Adultery isn’t the issue. Parenting is the issue. Most divorce attorneys will tell you that the courts want to see that you are able and willing to be a responsible, loving parent and a good role model to your child.

Dealing With Adultery in Divorce

If your spouse is the cheater then you should know that you can’t take custody for granted. You still need to do everything that you can to put your best foot forward to the courts if custody is important to you. That means that you need to modify your own behavior as well—now is not the time to seek out a new boyfriend or girlfriend, even if the divorce process is already well underway.

If custody is important to you then you need a lawyer’s advice—and not your spouse’s misconduct—to seal the deal. Contact Barna, Guzy, & Steffen to get your family law consultation. We’ve been serving Coon Rapids and the Minneapolis, MN metro area for over 75 years, and we’re ready to help you navigate your divorce case.

About Elizabeth A. Schading

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