Adultery lead to court for spouse?

ps - the parties have been seperated now for several months since the husband hasn’t been able to agree upon anything in the seperation agreement

Adultery does not generally have an impact on child custody. However, if your relationship with a third party poses some risk to the minor child, such as they are being exposed to inappropriate behavior or the third party is a danger to the child, that will have an impact.

The best way for you to protect yourself is to meet with an attorney and review the specific facts of your case with them.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thank you for the reply, Helena. The child has not been exposed to any inappropriate behavior other than handholding and a quick kiss now and then. I grew up with a mother who didn’t care and it wasn’t uncommon for me to wake up in the morning and find a man that I didn’t know in her bed so I am quite conscious of this. I am also of no danger to the child. I have done work where I had to pass a child abuse history check etc. The really sad part is that I have grown attached to this child now and the child has grown attached to me and with everything that is going on the mother has broken off contact with me and my heart is broken. I miss her, her daughter and am missing out on one of the most wonderful things that can be shared between a man and a woman as she carries my child. The truth will be known in a few months and I want to and am able to take care of her, her daughter and the baby. Tensions run high and I can’t imagine what she is going through at this moment. Pregnancy in itself can be an emotional roller coaster, so I can’t imagine. Hats off to all of you mothers out there.

I don’t worry about myself. I will take my knocks but will contact an attorney to discuss this further. Can you suggest anyone? LOL! I will be giving you a call on Monday, Helena. Thank you again.

All of this is very complicated but my question is whether or not a husband in North Carolina can sue his wife for anything if there is proof of adultery? Can this affect child custody if the mother is primary caregiver and a good mother?..or is this just a scare tactic? There is proof of the adultery in the form of a child that will be born and there will be no doubt that the child is not the husband’s since it had been 6 months before the seperation since there was any sort of intimacy. Is there any way for the wife to protect herself?..would a legal seperation and equitable distribution agreement protect her? I know that I, as the father of this child, am the one that may be sued but worry about the mother of the child. Anything that you could think of? Thanks in advance