Infidelity - NC


#1

if the husband has proof his wife has cheated on him and they are in a custody battle, what are the ramifications for the wife? Can he gain primary physical custody due to the infidelity?


#2

Unless the husband can prove that the infidelity in the marriage makes the mother an unfit parent or is a danger to the minor child or having 50/50 physical custody will not be in the minor child’s best interests, then it is not likely that infidelity will cause the husband in this case to be awarded primary physical custody.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

My wife’s intention is to move out of NC permanently with my daughter.


#4

My manager had the very same thing happen to him. He used a private investigator and proved his wife was cheating on him and gained primary physical custody of his son.


#5

I am curious to know how proving infidelity was able to provide primary physical custody. Could you please find out more information on this.


#6

If the infidelity can be shown to somehow affect the minor children in a negative way or to otherwise show that a relationship with this third party is not in the children’s best interests, then this could affect a custody award. Otherwise infidelity will typically only apply in an alimony claim.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.