In most states no that will not count in court. Anyone can file for divorce these days even if the other spouce is unfaithfull,it is ad but true. Use to be if a parent cheated on his/her spouce that parent would lose any rights to getting custody but not anymore. I am not sure why your asking but if it is inorder to try to get custody,that will not effect the courts decition. The curt will usally give the mother custody in a divorce or both parents joint custody,meaning 50.50 of the time for each parent,it all depends on what you both agree on,if you can agree,if not then the court ill determine who get the custody. Child support is also determined by the court and by both parents incom and if the parents have joint custody 50/50 of the time.
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