Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

My wife admitted to me she has been having a gay affair with a woman who lives in another state.

Will the court look down on her homosexual lifestyle when it determines child custody?

Through DadsDivorce.com's popular Ask a Divorce Lawyer feature, divorce attorneys from Cordell & Cordell answer dozens of questions submitted by our readers each day.

One aspect of divorce that we are receiving more inquiries about is whether sexual preference may affect a gay man's rights to his children. 

The situations are similar. A married man with kids admits to himself he is gay. He wants to tell his wife and get a divorce, but he wants to understand his rights in advance.

Cordell & Cordell attorney Jennifer Paine answers the question: Will my sexual preference affect my ability to gain custody of my children?

Question:

My soon to be ex-wife, has decided that she is now a lesbian and has a 40 yr old lover (she is 26). Our daughter is 17 months and currently living with her mother at her mother's parents'.

I am looking to take sole/primary custody legally and I am curious as to what my chances are with the homosexuality & adultery under NC laws & statutes.

Question:

After being married for 28 years, my wife chose to leave me for another woman. She and her lover are now living together and consider themselves to be "married" to each other even though the marriage is not legal in our state. I myself did have an affair 26 years ago but we got past it and remained married for all of these years. Although neither of us were particularly happy in the marriage and did not have a sexual relationship for many years, the introduction of her new lover is the reason that I have filed for divorce.

My wife does not work and did not work throughout most of our marriage. Her new "spouse" is supporting her and has been since they began living together more than 6 months ago. I did pay out half of the equity on our home to my wife at the time that she indicated she was leaving. She is now asking for a substantial amount of maintenance for life. I know that she would not be entitled if she were remarried to a man, but what happens since she is "married" to a woman?