All of the factors you mention would matter to a judge deciding a custody case. The judge is required to hear all of the evidence and make a decision in the best interest of the child. It is difficult to know how a particular judge might respond to the facts you reference but, clearly the issues you raise are of great concern. If you are worried about the safety of your child you should express these concerns and act consistent with your child’s best interests.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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.

My husband wants our 23 month old child from Friday to Sunday night. She is terrified of him and screams when he comes to get her. I have taken care of her the whole time we were married and he stayed out most of the time (she has never really cared for him because he has never paid any attention to her)
I have just found out he was cheating on me the whole time and is now pretty much living with this girl and her three children. On her visits he has lied to me where he was keeping her (telling me he was staying at his brothers) and has even taken her out of town with his girlfriend one weekend.
Does it matter at all that she does not want to go, he has lied where she is, and less than a month after he left he has been exposing her to a new lady. She already has had to deal with him gone and starting daycare, then seeing him with a new girl and kids.
Plus does it matter he has not been spending quality time with her because he has been with his girlfriend ( he couldnt stay away that weekend and just spend it with his daughter) He has neglected her in the past (leaving her in a car while he went inside and slept) and has never cared about being with her until now. It is causing her to have a complete personality change. What does it take to make it were he can only have her during the day not overnights until she is older???