Greetings. First, adultery does not typically affect custody of children, unless you left the children in someone else’s care specifically to engage in the adultery OR if you plan on moving in with your boyfriend after separation. So, to answer your question, you should not move in with your boyfriend and the custody issue should not arise. Now, to protect the person you committed adultery with, you can negotiate for a waiver of third party claims (including alienation of affection and criminal conversation) in your separation agreement. I hope that helps. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.