Who Wins Custody of a Child when a Spouse Cheats?

Child custody cases can be highly contested because of the emotional nature of the subject.  Throw in a flammable issue like adultery and be prepared for some fireworks!  Adultery is an issue that can cloud judgment on both sides of a case and prevent even the most straight-forward of issues from resolving themselves outside of a court room.  But does adultery truly impact the custody decision of the court?When deciding custody, the family court judge must determine what is in the best interest of the child.  The SC Code sets forth some factors that the Court should consider in determining the "best interest" in each case:

1. the temperament and developmental needs of the child;
2. the capacity and the disposition of the parents to understand and meet the needs of the child;
3. the preferences of each child;
4. the wishes of the parents as to custody;
5. the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person, including a grandparent, who may significantly affect the best interest of the child;
6. the actions of each parent to encourage the continuing parent-child relationship between the child and the other parent, as is appropriate, including compliance with court orders;
7. the manipulation by or coercive behavior of the parents in an effort to involve the child in the parents' dispute;
8. any effort by one parent to disparage the other parent in front of the child;
9. the ability of each parent to be actively involved in the life of the child;
10. the child's adjustment to his or her home, school, and community environments;
11. the stability of the child's existing and proposed residences;
12. the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed custodial arrangement is not in the best interest of the child;
13. the child's cultural and spiritual background;
14. whether the child or a sibling of the child has been abused or neglected;
15. whether one parent has perpetrated domestic violence or child abuse or the effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child;
16. whether one parent has relocated more than one hundred miles from the child's primary residence in the past year, unless the parent relocated for safety reasons; and
17. other factors as the court considers necessary.

[SC Code §63-15-240(B) - emphasis is mine]I think it is important to note that the Code does not list one spouse's marital fault such as adultery as a specific factor the court should consider.  However, I  have highlighted a few factors that something like adultery may fall into.  Often, parents can be temporarily blinded by "new love" and focus more time on the new boyfriend or girlfriend while not spending as much quality time with their children.  A new love may also throw living arrangements and residences into disarray.  Is your spouse living with their boyfriend/girlfriend?  What if your spouse is bringing the child around the boyfriend or girlfriend?  Is your spouse moving back and forth between their apartment and the lover's?  What if you have raised your children in a home where their spiritual foundation has taught them adultery is wrong?  Paragraph 17 also gives a lot of room for the family court judge to consider the other important factors that they believe directly impact custody.The bottom line is that child custody is largely a case-by-case decision to determine what is best for your particular children.  In some cases, adultery can be a factor that would prevent a parent from obtaining custody of the children.  In other cases it simply is not enough to outweigh awarding custody to that parent.