what should i do?

i have been married for almost six years in the state of north carolina. i left my husband a month ago and i am living with some friends. we have a two year old daughter, that he has threatened to take away from me a few times. i left my husband due to critizim, belittling, and making me feel worthless. during the month of our seperation he has tried very hard to get me to come home and work on things, but i just don't want to do that. while we have been apart he has hit himself in front of our daughter and has threatened to slap me and had pushed on me a few times. also during the month of seperation, i have become emotionally and physically involved with someone else. my husband found out about this by spying on the house in which i am staying. even after finding this out he has still said that he would want me back and would want to work things out, but again, i don't want that. i am currently wanting to persue the other relationship. what i was wondering is what all could he do to me in a divorce since we are still married, but i didn't do anything until i had moved out? could he sole custody of me daughter? i also wanted to state that i smoke cigettes and i have smoked once in front of my daughter. my husband says that that is just as bad as him hitting himself in front of her. i tend to disagree. i need to know if i even have a leg to stand on if he does decide to take me to court?

[LegalBeagle]

Originally posted by lostone
i have been married for almost six years in the state of north carolina. i left my husband a month ago and i am living with some friends. we have a two year old daughter, that he has threatened to take away from me a few times. i left my husband due to critizim, belittling, and making me feel worthless. during the month of our seperation he has tried very hard to get me to come home and work on things, but i just don't want to do that. while we have been apart he has hit himself in front of our daughter and has threatened to slap me and had pushed on me a few times. also during the month of seperation, i have become emotionally and physically involved with someone else. my husband found out about this by spying on the house in which i am staying. even after finding this out he has still said that he would want me back and would want to work things out, but again, i don't want that. i am currently wanting to persue the other relationship. what i was wondering is what all could he do to me in a divorce since we are still married, but i didn't do anything until i had moved out? could he sole custody of me daughter? i also wanted to state that i smoke cigettes and i have smoked once in front of my daughter. my husband says that that is just as bad as him hitting himself in front of her. i tend to disagree. i need to know if i even have a leg to stand on if he does decide to take me to court?

Why, oh why are you getting involved with someone else when you have all this crap going on? Can it make a difference in a divorce?, yes! Since you have no proof of his mental abuse he will be able to state that you are having an adulterous affair and have kidnapped his child. With you smoking too, a good attorney for your husband could win him custody. I suggest you get your life back in order and divorce this man before you pursue other relationships.