Sexual Conduct and Custody

Hopefully the attorney will chime in on this because I believe the answer to this would lie in the details.

They could be used against you criminally, depending on the nature of the files. If so, then that would be the case no matter what state you were in. If it’s criminal, then it would also involve the person who sent the material to you.

I’m assuming that these weren’t just obscene…because there’s no way a judge would allow porn photos downloaded off the internet to be admitted in a custody case, unless they were of the child in question. If that were the case, then your wife would have some explaining to do about why she did not immediately report you.

Porn is not illegal and if the materials she found were just obscene and nothing criminal, she could not use them. What you do on your own time when the child/children are not in your care, is your own business.

If the photographs are relevant they could be used as evidence in a custody case. If they are photographs of child pornography this may be an issue, if they are simply indecent pictures of adults it is not likely to have much impact on custody.

I cannot advise you on criminal consequences because I do not practice criminal law.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

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
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Building 600
Chapel Hill, NC 27514
(919) 321.0780


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We moved to NC two weeks ago from another state. We have a 13 year old son. My wife and I have had marital problems for some time. Several years ago my wife was looking through my computer files and found some obscene photos sent to me as a joke by an associate. She copied these files and had threatened to use them as evidence of deviant behavior in a divorce/custody case. This happened over 8 years ago. Is there any way she would be able to introduce this material into a divorce/custody case, since the alleged action did not take place in NC?