Dear rflack:
Greetings. I think that there may be a significant risk of harm to your child if she has the child in her care. Depending on the circumstances and the proof you have of her actual behavior - you may be able to file a domestic violence action, but the better action would be a divorce from bed and board and emergency child custody.
Also, you may want to consider leaving, until you can come to an agreement on the house and other issues. This will allow you to ensure the safety of your son, even if it does feel bad for the time being.
By staying with your wife, you are condoning her affair. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
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.