Q: My boyfriend is currently going through a divorce and custody battle here in the state of Oregon. Refer to more info
He is part of a shelter for domestic abuse. His caseworker there apparently told him that adultery can be used against him in court during his custody battle. Is this a legitimate thing? Because I myself have read that adultery cannot be used against him unless it directly affects a decision that the judge has to make.
A: Adultery has no place in modern law. Adults can have sex with other consenting Adults in private and it is not relevant unless it is somehow detracting from the children getting proper care. But the fact that adults have relationships with other Adults to whom they are not married, alone, is not relevant. The court looks at the best interest of the children and that means that the court looks for a safe nurturing environment.
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