Legal Question in Family Law in North Carolina

Like what? Your soon to be ex-husband only has custody rights to the child for which he is the father. The standard to be used by the court is: (a) fitness of the parents; and (b) what is in the best interests of the child.

The fact that you are having another man's child suggests that some marital misconduct occurred, however, that is not really relevant to a child custody determination. It would only be relevant to the extent that it implies you are an unfit parent. If you take good care of your existing child, then I would not worry too much about that.

There are two types of custody: legal and physical. Legal custody refers to things like school records, medical records, if the child will be reared in a particular faith or where the child will go to school (public or private). Those kinds of things. Legal custody is almost always joint.

Physical custody refers to where the child lives on a daily basis. I cannot see the court breaking up children who are half-siblings absent a very good reason and I do not think it likely that the father would get primary physical custody. However, I am not privy to all the evidence, so I cannot comment.

I don't know whether you have a lawyer or not. If you have a lawyer, its not ethical for me to give you specific advice and interfere in the existing relationship between you and your attorney. If you do not have a lawyer, make sure that you get one in your area.