Custody Question

It won’t affect the custody issue. Marital misconduct does not prove a parent is unfit to have custody of their children. My husband’s ex-wife was the one guilty of having an affair which ended their marriage some years ago, but she still has custody of the kids.


If the conduct had an actual effect on the children then it can affect custody. For example, if your spouse had an affair with a drug addict and introduced them to the children. Marital misconduct that only affects the marital relationship will not have an impact on custody.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.

Can someone tell me how much of an effect the misconduct during the marriage of one spouse can have in the custody debate. My wife states she her attorney has given her all the reason in hte world to believe she will receive custody of our kids when it was she that went out of our marriage to have an affair. Any idea of how this will change the outlook on hte custody issue?