Does Adultery Affect Child Custody? The Answers You Need.

In North Carolina, while adultery can be a factor in child custody decisions, it is not determinative. The primary consideration is always the best interest of the child, and courts have broad discretion to evaluate the impact of adultery within that context.

Adultery refers to voluntary sexual intercourse between a married person and someone other than their current spouse. Adultery has several legal implications, particularly in the context of divorce and family law. It is generally considered a violation of marital commitment and is often viewed as objectionable on legal grounds.

Overview of Child Custody Laws in North Carolina

North Carolina recognizes three types of child custody arrangements: physical custody, joint custody, and sole custody. Physical custody refers to where the child lives and who is responsible for the day-to-day care of the child. Joint custody can include both joint physical custody, where the child spends significant time with both parents, and joint legal custody, where both parents share decision-making responsibilities regarding the child’s upbringing. Sole custody means one parent has both physical and legal custody, making all major decisions for the child without input from the other parent.

The standard of “best interest of the child” is the guiding principle in North Carolina child custody cases. This standard requires that the court’s primary consideration be the welfare and well-being of the child. The child’s physical, emotional, educational needs, the ability of each parent to meet those needs, and the child’s relationship with each parent are factors that courts consider. The court may also consider the child’s wishes if they are mature and old enough.

The Impact of Adultery on Child Custody Decisions

As stated above, adultery does not directly and automatically influence custody decisions. Instead, the primary consideration in custody cases is the best interest of the child, and adultery is only one of many factors that a court may consider in making its determination. North Carolina courts have established that a parent’s commission of adultery does not per se render them unfit for custody. The court must consider all the facts of the case and decide based on the best interests of the child, rather than applying an inflexible rule regarding adultery. Courts have broad discretion in these matters and must evaluate whether the adulterous conduct has had an adverse impact on the child’s welfare.

For instance, if the adultery has caused emotional problems for the child, it may be a factor in determining the parent’s fitness for custody. However, if the adulterous relationship is kept secret from the child and does not affect the child’s well-being, the court might still find the parent fit for custody. In order for a custody decision to be negatively impacted, the law requires the court’s findings to establish that the sexual conduct had an adverse impact on the welfare of the child, however, the parent’s conduct should always be considered along with other relevant factors.

How Adultery Impacts Other Aspects of Divorce

Adultery significantly impacts various aspects of divorce, including alimony and property division. Adultery can serve as a bar to alimony and if the supporting spouse commits adultery, it can be grounds to award alimony to the dependent spouse. North Carolina law has evolved to include “illicit sexual behavior” as a broader category encompassing adultery, which can influence the court’s discretion in awarding alimony and post-separation support.

In terms of property division, adultery does not directly affect the equitable distribution of marital property. North Carolina follows the principle that property division should be equitable, and marital misconduct, such as adultery, is generally not considered unless it has an economic impact on the marital property.

It is important to note that while adultery can significantly impact divorce proceedings, particularly regarding alimony, it does not affect the ability to obtain a divorce itself. North Carolina is a no-fault divorce state, meaning a married couple can divorce without proving fault after one year of separation. Due to the complexities of ways that adultery can influence divorce outcomes, it is crucial for an individual involved in such a case to consult with an experienced family law attorney to understand their rights and develop appropriate legal strategies.