There is no clear cut answer to this question. A judge must look at the best interests of a child when making a child custody determination. The existence of adultery may affect a judge’s decision regarding child custody but absent a strong case the adultery has had a negative impact on the child, it will likely have little impact. It is up to the individual judge to examine the facts and circumstances of an alleged affair to decide if it will have any impact on child custody.
Judges are more willing to consider the existence of adultery when one of the parents has engaged in the affair in front of the children. A divorce can be a difficult and confusing time for children.