Cohabitation


#1

Is this a court order or an agreement between you and the ex? If this is an agreement between you and the father, then I suggest you discuss it with him prior to filing anything with the court. If the father has no problem with this situation then you would not need to concern yourself with all the legalities of modifying to remove this statement, even if this is a court order.
If the father does not agree with this, or is likely to use this to gain primary custody because he feels it is in the best interest of the children to not be subjected to something that he feels is morally wrong, then you have a problem. If this is a court order that you agreed to then it’s unlikely that the courts would modify custody just to remove this statement. This does not sound like a reason to modify custody…


#2

I agree with stepmother that you should probably discuss it first with the ex…but if he agrees, get that agreement in writing.

The unenforceability of this comes in because of the burden of proof. He’d have to provide proof that you guys live together, and his own sight and hearing isn’t sufficient, nor is the kids, since a lawyer could argue bias and vested interest. He’d have to have a shared rent/mortgage bill or a non-interested witness to really make his case.


#3

In order to file a motion to modify custody you would have to prove to the court that something substantial had changed since the entry of the last order. If the court modified the order it is likely that they would modify this language if you request it.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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) 9343.0044

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.


#4

Our Joint Custody Agreement includes the provision, “neither party shall dwell continuously and habitually with a member of the opposite sex in a relationship not solemized as marriage”. My boyfriend and I would like to live together before getting married. He is good to the kids. If I file a motion to modify, what are the odds that the courts will allow us to remove this language?