Cohabitating with fiancee


#1

Most couples agree to the “no overnight” thing but it’s rare that both of them stick to it. Yes it should be taken out of the agreement and no the judge “should” not rule that your new husband have no contact with your children. I suggest that when you go for mediation you should let your stbx know that the children need to be around him since he will be their stepfather.
As long as the children are not in any type of danger there is no reason that you can not have them around whoever you choose. BTW, your stbx can not keep your children from you. Had you not signed an agreement to keep your boyfriend away from the children at that time, there is little that your stbx could have done.
Living together is no longer illegal in NC as of 2005. I do not know what affect that has on custody though. Most of the time, I believe that custody stays with the parent who has been the primary caregiver. If you can come to an agreement for joint/shared custody with equal time for each parent that would be the best situation for the children.


#2

Until the order is modified you will need to follow what the two of you agreed to. Unless your fiance is dangerous to your children, it is unlikely the court will order this restriction.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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#3

if i am living with my fiancee, how hard will it be for me to get custody?

also my ex and I have a temporary custody agreement stating that my fiancee not be present when I have my children for visitation…this was in the agreement because my ex would not allow me to see the kids if my fiancee was going to be around them, I agreed with it initailly because I did not want to put my children in a new situation with a “new father figure” so soon after seperation. We are going for mediation next month, I’d like to have this out of the agreement because as soon as the divorce is final, my fiancee and I are getting married. i can understand no overnights while we are not married, but honestly when I go for custody, will a judge really rule that my fiancee have no contact with the kids? My fiancee has no criminal record or anything like that…only my ex hates him…I’d like to some feedback on this…as I am [:0]confused!!!