I am not sure but you should NEVER take the kids from there mother because they need her.
I know in NC dating while getting a divorce is a big NO NO and I THINK she can lose the case and custody battle but I might be wrong.
I just don’t believe that a man should ever take his children away from there mother. But that’s me. The laws are on this website though…read it.
No one wins in divorce only the Lawyers do!
The sexual relationship can be used in a custody trial as evidence.
Having sex with someone has no effect on the separation agreement.
Living in the same house, however, may have an impact on the continued effect of the agreement.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668
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 future ex and I have a signed separation agreement with a final divorce date for Nov. She wanted the divorce. We were going to try do do things in a civil manner and we both have joint legal/physical custody of our 2 kids. Due to financial reasons, we are both living in the same house until it sells. However, there has been a progressively downward spiral. She brought her best friend’s husband home the other night and had sex with him (she didn’t know that I was awake when she shut the door to my room). I was in an adjacent room and the kids were asleep in their rooms. I am aware that legally, final divorce can’t occur unless we have been physically separated for one year (unless we both agree that we have been apart). Does her having sex with a married man (who has 2 kids) null the agreement? Could that be used against her to gain full custody of the kids?