I’m Going Through a Divorce Because of My Husband’s Affair—Why Do I Still Have to Share Custody?

When a marriage ends because of betrayal, the emotional toll can be overwhelming—especially when children are involved. If you’re in the middle of a divorce after discovering your spouse has been unfaithful, it can feel deeply unjust that you now have to sacrifice precious time with your kids, particularly during holidays and ordinary weeks, because of a choice he made. This is one of the most painful realities many parents face during divorce, and it’s a feeling that deserves both validation and clarity.

Georgia Family Law Doesn’t “Punish” a Parent for Infidelity

Under Georgia law, custody decisions are not made to punish one parent or reward the other. Instead, judges are guided by one central question: What serves the best interests of the child?

While infidelity may be relevant to the overall divorce case, it rarely plays a decisive role in custody decisions—unless it can be shown that the affair negatively impacted the children’s well-being or parental responsibilities. For example:

• If the unfaithful parent was consistently absent or inattentive to the children because of the affair

• If the children were exposed to inappropriate behavior or instability

• If the parent’s conduct created an unsafe environment

Short of those scenarios, Georgia courts will still prioritize creating a balanced, consistent parenting schedule—often including shared time during holidays and weeknights—even if one parent was clearly at fault for the end of the marriage.

Why This Feels So Unfair—and Why You’re Not Alone

It’s absolutely normal to feel angry, hurt, and resentful about having to “give up” time with your children due to someone else’s betrayal. After all, you kept the family going. You were honest and committed. And now you’re being asked to accommodate the person who didn’t uphold their vows.

This pain is real—and it’s not just about time lost. It’s about having your family structure changed against your will, and feeling powerless to protect your kids from the consequences of their other parent’s choices.

Our divorce services are designed to support parents through this exact kind of emotional and legal complexity. We approach each case with compassion, clarity, and a focus on what you need to move forward.

Shifting the Focus: What the Court Wants for Your Kids

Judges in Georgia want children to maintain strong, healthy relationships with both parents, as long as it’s safe and appropriate. That’s why:

• Custody and parenting time are structured to ensure continuity and stability

• Holidays are often split or alternated to give children a sense of fairness and predictability

• Parents are encouraged to shield children from adult conflicts and remain child-centered in their approach

Even when the cause of divorce is painful, the court’s role is to prioritize the child’s long-term emotional and psychological health—not to litigate morality.

What You Can Control

While you may not be able to control the structure of shared parenting time entirely, there are still meaningful ways you can protect and nurture your bond with your children:

• Be emotionally present. Your consistency and emotional availability during this time will have a lasting impact.

• Establish meaningful traditions. Create new holiday or weekly rituals that help your kids feel secure and connected to you.

• Communicate with your legal team. If your co-parent’s behavior is disruptive, harmful, or inconsistent, document it and share it with your attorney.

• Consider counseling. Both you and your children may benefit from speaking to a licensed therapist during and after the divorce.

You didn’t choose this path—but you can choose how to walk it. And you don’t have to do it alone.

Schedule a discovery call to learn how we can support you.