Live-in boyfriend vs part-time girlfriend


Dear cocchetti:

Greetings. No, if he did not immediately take action when you moved in with your boyfriend, it is not likely that he will prevail.

Also, I would make sure that you document, in writing, your requests to him concerning the child. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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 ex and I separated in April 2003 and divorce was finalized in May 2004. My lawyer recently did a request for financial records for my ex to try and get a modification to child support (he started living a pretty big lifestyle and I thought his income had changed dramatically). Turned out his salary had not increased and the last line item his lawyer put in the response letter was that he wanted to change our overnights to 50/50 (it’s currently 70/30 with me as primary) and wanted primary custody of our 4 1/2 daughter due to the moral implications of me living with my boyfriend of over two years. This was pretty much just a threat since I was possibly asking for support (which I dismissed my claim for support and, surprise, surprise, he has not come back for the custody issue). My question is in relation to his chance of getting the 50/50 and primary custody just because I live with my boyfriend. I know not being married is not looked upon highly, but he has a girlfriend that stays over when my daughter is there and she has even told me about climbing into their bed with them. I would think that he has “moral implications” in his situation too. Would he have a chance? He has also picked up smoking and since buying a motorcycle, lets our daughter play on it (when I have asked him not to) and she’s even burnt her leg (permanently scarred) when she climbed on when it was hot.
Thanks for your response.