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This Manual will discuss how courts view a parent's sexual behavior as a factor in the initial custody proceeding, in determining appropriate visitation, and in modifying custody.
The issue is a difficult one. As stated by one authority:
The issue of a parent's non-marital sexual relationships is one of the most inconsistently applied factors used to decide custody cases. The reason for the inconsistency is that this factor draws heavily on judges' emotions and personal backgrounds. Attitudes toward non-marital sexual relationships, like attitudes toward the maternal preference, are shaped by one's personal background and family experience. Depending on one's perspective, the subject can bring forth anger, guilt, anxiety, fond memories, or a combination of feelings. The range of emotional reactions is reflected in conflicting rules of law.
National Legal Research Group, Inc.
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|Your Right to Child Custody, Visitation & Support
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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