Greetings. First, the most important thing in your post below was that the divorce did not contain a provision asking the court to preserve the issue of equitable distribution for later adjudication. Check into this immediately with your attorney. Make the call now and come back to the post! Set up camp! Also, if your attorney won’t return your call within 24 hours and he/she is not in court, call your attorney’s boss (if they are an associate) or call a new attorney.
Okay, now onto the custody issue, adultery is generally only an issue for alimony. I cannot imagine that it matters for custody, unless you don’t want her around the children. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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 but a full discussion with an attorney should be undertaken before taking any action.