Family Law Questions? Ask a Family Lawyer Online.
How much more custody does he want? Do you believe he can prove the adultery?
It is not too late to report any physical abuse. You can make the police report now. The domestic violence may out weigh your adultery behavior. Both will have an impact on what a court does concerning spousal support and also as to custody.
Most instances, a court will try to give a shared custody as they feel being with both parents is always in the best interest of the child. Of course, they will consider if having that arrangement is in the best interests of the child and they will balance it with any phycially violent behaviors he might be found guilty of. But he needs to be found guilty.
Being with a parent is always more advantageous to a day care, yes. It is very possible that you can design a visitation accommodation that a Court will find in the best interests of the child.
However, if you are only working part time and are able to work full time, depending on your "earning capacity" you may be required to more than a part time salary as a basis for child support. Therefore, it is entirely possible a court would order "shared" custody.
Please explain what else you would want to know in this regard. You may continue to post here until you are completely satisfied. Remember, I don't make the laws or court room decisions. As a JA expert, I can only give guidance and information on what you asked.
I want to try to assist you. But I can't make it up to something you want to hear.
Here is the law from the NC Code on how Child Custody is determined. Perhaps that will help you. Particularly, you can read this section here