Children and Overnights

My wife walked out on me and our 2 children to live with her boyfriend. We do not have the legal separation papers at this time and she is taking our children for overnight stays with her boyfriend that we know nothing about. Is it legal in North Carolina to have your children spending the night with a person you are sexually involved with?

Her actions are legal from the standpoint that there is no law preventing a parent for having overnights with their children with a boyfriend or girlfriend present. You could file a lawsuit for custody and raise your concerns about your children spending overnights with the new boyfriend; if the judge believes this new relationship has a negative impact on the children, it will make a difference on his/her custody ruling.