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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110425
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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If I have an affair, can my husband keep my children from me.

Customer Question

If I have an affair, can my husband keep my children from me. Am I legally required to leave our home? What rights do I have to my children and my home? This is in the state of South Carolina. Also, can my husband sue the other man since he lives in North Carolina and that state has that law?
Submitted: 5 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have an affair, that could be a ground for the court to award custody of the children to the other parent. When looking at the affair, the court looks at whether or not this took place in front of or with the knowledge of the children (setting a bad moral example for the children is grounds to give custody to the other parent). The mere affair alone without more is not sufficient to deny you custody. Your husband has to prove you are not morally fit to have the custody of the children, which requires the affair plus proof of knowledge of the children or that you brought your affair around the children or that you neglected the children because of the affair (something more than you simply had an affair).
You are not required to leave the marital home without a court order, that is up for the court to decide and your husband would have to file a motion for possession of the home as part of his divorce petition.
Your husband can sue for alienation of affection in NC under NC law only if your affair took place in NC, not just because he lives in NC. So he would have to prove that the affair took place in NC and then invoke the NC law on alienation of affection.
Customer: replied 5 months ago.
Also, does an affair affect the custody of children in the state of South Carolina?
Customer: replied 5 months ago.
So proof would be physical proof not verbal?
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
Yes, an affair can affect custody of the children, as I pointed out above. Engaging in a relationship with someone other than a spouse can show a person to be morally unfit to raise the children, so that is a consideration of the court when deciding custody, BUT IT IS NOT THE ONLY CONSIDERATION. The courts do not look at the affair in a vacuum, they look at the whole situation as I stated above. For example, having an affair and bringing another man/woman to sleep in the home around the children is something the courts can consider as one factor or bringing the other person around the children while still married. The court looks at all of those things and of course some personal bias of the judge (even though it is not supposed to come into play) can influence the judge's determinations.
Proof can be from witnesses, verbal comments, photographic evidence. Whatever the court considers to be credible when presented to the court.

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