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If my spouse has committed adultery, am I more likely to get custody of my children?

The Divorce Act states that the past conduct of a parent is only relevant when it shows that person’s ability to parent their children. Judges will consider the past conduct of a parent, but only as outlined by the Act. Judges also have to consider past cases that have outlined how to consider parenting ability in light of adultery, and past case law outlines that adultery does not damage a person’s ability to parent a child.