Cohabitation during visitation

There is nothing in our statute which requires that a judge prohibit cohabitation during visitation. However, judges do have the discretion to do so. You should check with an attorney in your jurisdiction who can give you a better sense of whether judges often do so. It all depends on the judge that hears your case.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 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.

My spouse and I separated two months ago. We do not yet have a separation agreement. We are trying to work out the details ourselves. We have hit a major snag in the custody arrangements. We have an 8 yr old daughter. I will have primary custody. I would like our agreement to prohibit cohabitaion during visitation. My spouse refuses. We may end up in court over this issue.

What is likely to happen if we do go to court?

My spouse is promiscuous and bisexual. I would like to protect my child. Please advise.