Change in living situation


#1

Sadly, there is very little that you can do about this. The separation agreement is just that. An agreement between the two parties. If your stbx is not following that agreement you can file for breach of contract. If you feel that your children are being subjected to a harmful environment then you can file for emergency temporary custody. Be aware however that though what she is doing is illegal since she is still legally married, it has little to do with custody…


#2

You may only seek a breach of contract action based on a Separation Agreement. You may want to consider filing suit for custody. Since your arrangement is outlined in a Separation Agreement you may file an action to have the court consider custody and make a ruling.
As for the particular issue at hand, most judge will not take a stand on the issue of parents moving in with their significant others, unless you can prove there is some reason that the situation is dangerous and not in the best interests of the children, this means proving more than the mere immorality of the situation.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

My ex wife has had a boyfriend move in with her and my children. I am very unhappy about this. It states in our Seperation Agreement that this is NOT to happen. I am concerned about my two girls and what they are being exposed to.
What steps do I take to hold her in contempt?