Does adultery affect child custody in Florida?

In the case of child custody adultery or other marital misconduct alone is not grounds to influence the court’s decision on child custody or parental responsibility.  However, although adultery is not listed as a factor, the court is required by law to investigate and consider the “moral fitness of the parents” when determining parental responsibility.  In most instances it must be shown that the affair has been detrimental to the child.

In regards to this the court may ask for more details of the adulterous activity and specifically how it has had a negative impact on the child.  Although rarely enforced Florida does have a criminal statute in place that considers adultery a crime.  However, when it is enforced a violation and arrest under the criminal statute may  affect divorce cases.

Back to Child Custody FAQs