"Relationships with the Same Sex Also Constitute Clear Infidelity," Experts Say
"Infidelity Alone Is Not Grounds for Loss of Custody... Child's Welfare Is Key"
Experts have stated that even if someone has an affair with a person of the same sex, it can still be considered infidelity.
On the 28th, during a counseling segment with attorney Cho Inseop on YTN Radio, a story was shared about a man who was caught having an affair with another man and, after ten years, claimed to have found his true sexual identity and requested a divorce.
According to the story, the incident began when the wife happened to see a notification on her husband's smartwatch while he was showering. The message read, "Hyung, I really enjoyed today. Next time, let's spend more time together." When she confronted her husband, he eventually admitted that he had fallen in love with someone else and asked for a divorce.
The conflict extended to the issue of child custody. The wife argued that regardless of gender, it is clearly infidelity for someone with a family to have an affair, and that it would not be appropriate to send her son to live in a house with another man after a divorce. On the other hand, the husband claimed that he had greater financial stability, a deeper bond with their son due to the time spent together, and that discovering his true self later in life was not a wrongdoing.
Meanwhile, Kim Miru, an attorney at Shinsegye Law Firm who participated as a panelist, explained, "In court, infidelity does not simply refer to improper relationships between people of the opposite sex. Rather, the term 'infidelity' as used by the courts includes any improper acts that violate the duty of marital fidelity, even if they do not involve sexual intercourse."
She added, "Therefore, regardless of the third party's gender, if a third party engages in improper conduct with one spouse, thereby undermining or disrupting the essential marital relationship and infringing on the rights of the other spouse, causing them emotional distress, this generally constitutes an unlawful act. In this particular case, since the husband admitted to the affair in addition to the text messages, it is sufficient to recognize that infidelity occurred, even though the other party is of the same sex."
She further noted that while the act of infidelity itself does not automatically disqualify someone from being designated as the custodial parent, if the behavior is deemed detrimental to the child's welfare, the wife is more likely to be appointed as the primary caregiver. Kim stated, "Unfortunately, simply having committed infidelity does not, by itself, exclude someone from being granted parental rights or custody. However, if the husband's affair results in neglect of the family or creates an unstable environment, and these circumstances are not suitable for the child's welfare, it is likely that the wife will be designated as the custodial parent."
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