The affair was an issue between you and your husband, not your husband and Daughter. Custody is “supposedly” determined based on the best interest of the child.

The affair will come into play if you want alimony and with the ED. Make sure you keep up with any proof you have. It can not hurt to have this on hand!!!

While his actions and behavior have worked towards terminating your marriage, he is still your daughter’s father and deserves a place in her life until she is old enough to decide otherwise or if he presents a danger to her. You both have rights. In all likelihood you will have primary custody with your husband getting visitation (partial custody) unless he pursues joint custody.

You should meet with an attorney. The adultery is a factor in determining custody. Adultery is a factor that a court will consider in making a determination on child custody.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
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.

My husband and I seperated on August 10th 2006. We had not been happy and I learned that he was having an affair. I have the solid income and want custody of my daughter.Though I encourage her to visit him and she does one night a week, I feel that because of the financial security and consistency that I offer and due to the fact that he had an affair where he was in fact spending the funds he did get on someone aside from his family, I have the right to custody. What should I do at this stage? Does the fact that he had an affair have nothing to do with it in this no fault world???