Dating/cohabitation after custody order is final

Generally, it will not have an effect but if there is something specific about this person that makes them dangerous to be around your child then it could affect custody.

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 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
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Charlotte, NC 28262
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YES IT COULD! Especially if your Judge is the super moral type, mine told me that it’s actually illegal to be in a sexual relationship when your divorce is not final yet. If your ex took you to court for custody modification, you could lose over living with a boyfriend.

Cohabitation was deemed by a decision as unconstitutional in NC back in 2006. The following article has a copy of the actual decision:

That aside, yes adultery is illegal, but rarely prosecuted because of the case load of the DA… there are much bigger fish for them to fry.

Be very careful if you have them move in with you. No matter what the NC law may say, it’s up to the Judge. Your ex can file for custody and prove change of circumstance. Anything they can find out will be brought out to discredit you and your live in. I would be patience and wait, if you are not planning to marry. Don’t risk the children over a new partner, since it’s only been 6 months. I know you want to get on with your life but EX’S can be vindictive or have a legitimate concern about a new partner. Make sure your new partner has nothing in thier past or does anything now that a Judge would consider changing custody.

Good Luck

What effects would dating or living with a partner have if the permnant child support order/ child custoday order/ equittable distribution order was finalized by the judge over 6 months ago, but the divorce is not finalized yet? Could it cause a change in child custody even though a custody order is in effect?