Does an extramarital affair have an impact on custody?
It could, depending on the facts of the case. Generally-speaking, a discrete affair will normally not be a consideration in determining custody. It will become a significant (possibly negative) factor if the relationship represents a threat, has harmful sexual overtones, or puts the child in embarrassing situations. If there is a live-in situation, the judge will evaluate, among other relevant circumstances, the relationship between the child and the other live-in partner and any evidence of present or potential harm from the situation in determining whether this should be a factor to consider.
