Adultery and Child Custody


My ex husband is remarried and has a newborn daughter with his new wife. He filed the child custody motion against me without me having any knowledge that this was his plan because he wants to attempt to get the court to give him physical custody of my son for all school days and only allow me weekends during the school year and then the majority of the summer. I am of course against this and am defending the fact that keeping the current schedule of one week on and one week off with our son is in the the best interest of our 7 year old son which is all that matters. He also has stated in his personal affidavit in court and tried to portray that his home is a more stable environment for our son than mine because he is remarried and has another child now while I am still single so when my son is home with me it is just the two of us.

Some things have happened over the last few months and my ex husband and I have had a few incidents between us that turned into sexual encounters. I realized how much of a mistake this was and cut it off however here recently his new wife has found out about this. My question is, will the fact that he has committed adultery in his new marriage affect the child custody case at all? And if so, how? I do know I made a mistake as well as him however I do feel this happening proves that there is not stability in his home currently. Just wanting to know how this works if it will make a difference at all because the child custody lawyers are aware of what happened already so it will be a known thing in court if that makes sense. Any advice would be greatly appreciated.

It’s not likely that the few incidents of sexual encounters between you and your ex-husband will affect a custody modification unless one party can prove that because of that, the best interests of the minor child will not be met while with the other parent. This is not likely to be proven.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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