You have to separate the reasons for your separation or divorce from issues of custody. In other words, it is possible for a bad wife to be a good mother or a bad husband to be a good father. The standard in a custody case is not to reward or punish the parent but to determine the best interest of the child.
NC law allows consideration of a parent’s sexual conduct but with limits:
1. The Court must find that the conduct has a bad impact on the children.
2. The Court must consider the sexual conduct along with all other factors.
REMEMBER: The judge does not automatically assume harm to the children because of the sexual conduct of the parents.
* A parent who commits adultery may still be granted custody. For example, this could happen if there is evidence that the parent is the primary caregiver, attends to the child's emotiona and physical needs, and can provide a stable home.
* The fact that a parent lives with someone in the home where the children live is not enough to grant or change custody. The court must consider facts of sexual conduct but without any evidence of a bad impact, it cannot base custody solely on the sexual conduct of a parent.
Even if the sexual conduct affects the child, the court must also consider the sexual conduct together with all other factors.