Dear US Navy:
Greetings. First, let me guess where you work? The navy? Now that I am done joking with you, let me answer your question. In North Carolina adultery (a sexual relationship with someone that is not your wife) is a crime in North Carolina. I have not heard of someone being charged with this crime recently, but hypothetically the district attorney could charge her, although I find it unlikely.
I am assuming that when you say “can I use that,” you mean to use the adultery and unplanned pregnancy to negotiate for more custody. Almost any factor may be important in a custody case, including this.
The concern that I have for you is a different one which you may not have thought of yet … who’s child is it? A child that is born during the marriage is presumed to be yours. Are you paying child support? Want to pay some more?
I suggest that you speak with an attorney in the near future to ensure that you are covering all of your bases. Best of luck!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
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.