Saturday, December 2, 2023

Can an adulterous wife win child custody if a good mother?

According to Florida case law, a wife who has been found guilty of adultery in divorce action may be awarded custody of children if record establishes that she was a good mother:

And as to custody of the children, she could have been awarded such custody even if the Court had found her guilty of adultery, provided the record sufficiently convinced the Chancellor that she was a good mother. We have just had occasion, in McAnespie v. McAnespie, Fla.App.1967, 200 So.2d 606, after an extensive review of the authorities, to make this very holding. But it is unnecessary to invoke McAnespie here because the Chancellor did not make such finding-rather to the contrary.

See: Anderson v. Anderson - 205 So.2d 341

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