My wife slept with our plumber for two years while I was at work. She gave birth to his child and convinced me it was mine. But I was told by my then-attorney that this information is rather superfluous and wouldn’t make any real difference in a custody dispute. He said that morality is rarely a big deal in court, with regard to child custody, because the private sex life of the mother wasn’t hurting the children.

If you want to establish paternity of your son you can file an action to establish paternity. If you were married when the baby was conceived and born, then you will be assumed to be the biological father.

Generally, adultery does not have a big impact on custody, unless the party she is having the affair with is not suitable to be around your child.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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.

In divorce court, will the fact that my wife chose to call an ex-boyfriend while I ws out buying milk, pampers and a breast pump be admisible? She went on to leave my name off of the birth certificate so what our my options in this matter.