Live-in boyfriend jumping

Dear HAF:

Greetings. Our judges review each child custody case based on the facts presented to them and make a determination of what is in the best interests of the minor child. All of your factors listed would be appropriate to place before the judge as evidence. So, yes, these facts may assist your brother-in-law in seeking custody of his daughter. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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 brother-in-law (bil) is seeking custody of his daughter, 6yo,(dd) from his wife(they are seperated). His wife was haing an affair. Without writing a big long novel explaining every detail, can you tell me if these things will help him get custody? Is it likely that he can based on these facts?

*After seperation, wife was still carrying on the affair sometimes leaving dd with 16 yo, not so competent babysitter all night. Sometimes allowing 16 yo’s boyfriend to spend the night with 16 yo.

*Financial irresponsibilty

*Not living up to seperation agreement financially

*No car or house in her name

*Living arrangements unstable-first took dd out of home to live with relatives, moved back home, asked daddy to leave, moved him back in(before he knew of the affair), had him leave again(seperation started), now is living with a boyfriend(not the guy from the affair) but is talking to close friends about rekindling affair relationship and moving in with him.

*Dd was in school in local school. She now has enrolled dd in school where he boyfriend lives for convenience without consulting her father.

*She was constantly getting dd to school late last school year.

*Picking up dd from the babysitters after midnight after not seeing her for 4 days without just cause. She was in town at 2 pm that day but went out that night instead of going to get her saying she was caught in weather but close friend says she was with the affair man.

*She has allowed her to watch The Texas Chainsaw Massacre.

*Fleas in the home of her current boyfriend. Comes for visitation with new bites each week.

My bil doesn’t want to have to take her away from her mother but based on these and a few other facts(such as habitual lying) he feels the little girl needs a more stable environment. Would these facts add up to a good case?

Thanks in advance!