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Parties are reminded that their actions during the pendency of their divorce case are very important.  Here, a party continued what was apparently an adulterous relationship even after the divorce was filed.  This is a factor for the Court to consider in deciding custody of the children.  Its not the ONLY factor, but it is one of the factors.

The judge did not elaborate on how much weight he gave the relationship in his ultimate decision.  But the offending party did not get custody.

Here's a link to the opinion...Magee v. Magee, CA-12-580, Ark. Ct. of Appeals, February 20, 2013.

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