Bigamy and child custody


#1

In NC, a person is guilty of bigamy if he marries someone in NC while having a living spouse or if he marries someone in another state (while he’s still married in NC), and then lives with the “second” spouse in NC. It’s a felony. See North Carolina General Statute Section 14-283. However, he is not guilty of bigamy if his spouse was absent continuously for seven years and if he did not know that the spouse was alive during that time. Since it’s a criminal offense, a district attorney would have the authority to charge him with it. If you decide to pursue custody, the bigamy would likely be a factor in the judge’s decision, but it’s not entirely clear how much weight he or she would assign to that. That factor alone is probably not enough to warrant a reversal of custody, especially after nine years.

David L. McGuire
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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.


#2

after nine years found my husband who has custody of my two girls i havent seen them at any time because he left with them and could not locate through a P.I. I located him he has gotten married again but failed to divorce me can i charge him with bigamy an get custody of my girls any help would be appreciated eldgroomer

elizabeth gibson