Does the fact that your partner cheated make any difference in a custody battle? It makes a difference to you; it doesn't make a difference to the court. Almost every single state in the U.S. is a no-fault state, meaning you can sleep with your secretary, you can sleep with your tennis coach, you can sleep with a goat and it's not gonna affect the legal parameters of what's happening in their case. However, if you are going to be sharing custody with somebody for the next however many years and beyond, because let's be honest, even after 18, you're still co-parenting with this person, you're gonna be angry if you got cheated on. So there is still some reconciliation that needs to be made for things that have gone wrong during the marriage. Again, I believe that communication and some kind of mental health professional can be very helpful. But in terms of the law, nobody's gonna say the fact that your husband was a jerk by cheating on you precludes him from having a relationship with your children.