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Can Proof of Adultery Be Used in Court to Declare a Parent as Unfit?

Divorce proceedings can be a contentious, ugly process for everyone involved. Divorce is a major life event that will surely change your personal and social life as well as take a significant financial and emotional toll on your family. But you may be surprised to know that Florida courts care very little about why your marriage may or may not be ending. Unless the circumstances are extreme, proof of adultery will have absolutely no bearing on the court’s determination of whether or not you (or your spouse) are fit to be parents.

Emotions run high during a divorce and one or both parties may bring up matters that may not be relevant to the proceedings and are probably best discussed behind closed doors. Ideally couples would just agree to end matters amicably, but things are rarely this simple. Fortunately, Florida is a no-fault state; meaning either party can file for divorce without specific reason at any time.

Nonetheless, when children are involved it’s always wise to proceed with caution as the court will always rule in the best interest of the child. It is best to reflect on the effect any action on your part will have on your children after the divorce. For example, if one parent is relocating with the children a distance of over 50 miles, both parents must be in mutual agreement of this arrangement. If one parent contests the relocation, the other will need to file a petition and the court will then examine several factors to determine if relocation is appropriate.

If you have questions about how divorce affects your children and your rights as a parent, consult with a family attorney to ensure your interests are protected. Call 813-898-2750 and let us help.

This post was written by David Hurvitz. Follow David on Google+.