Child custody hinges on what is in the best interest of the child. The facts you described certainly do not make you a bad or unfit parent. Where parents cannot agree what custody arrangement is appropriate or best for their children, once a complaint for custody is filed with the Court, you will be required to participate in Custody Mediation. This is a good place to start. If you plan to settle out of court, which is always worth considering, you can seek mediation from a child development specialist to act as a neutral or mediate child custody.
Just in case your second concern, “infidelity” is also having you worry about custody, in addition to alimony, I offer the following case law: “in a custody proceeding it is not the function of the courts to punish or reward a parent by withholding or awarding custody of minor children; the function of the court in such a proceeding is to diligently seek to act for the best interest and welfare of the minor child.”
In terms of this issue and alimony- Fault, such as adultry, is relevant to the overall question of alimony. See GS 50-16.3A about specific facts and how those apply to you. It is not clear from your question, but if you are a dependant spouse, and yours spouse has condoned the action, the fact shall not be considered by the court. See our web site for more information and www.findlaw.com for NC general statutes.
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