Adultery and Custody

In the old days, the fact that a party committed adultery almost assured that the other party obtained custody in a divorce case.  That view has softened a great deal and it is merely a factor now.  This was the issue in Holcomb v. Holcomb decided yesterday which is located here.  The husband appealed a custody award to the wife who stipulated she committed adultery at trial.  The Court of Appeals affirmed.  The big issue was there was no proof that the adultery had any affect on the child or the ability of the wife to care for the child.  This has been the general direction of most trial courts and the Court of Appeals in recent years.