New man in house 2 days after I moved out


#1

My wife and I separated 5 months ago. 2 days after I moved out she moved him in. Now I just found out that she just got engaged to him on Valentine’s Day this year. Does this change anything b/c I thought you were not supposed to date during separation? Also, I have full time custody of my 2 older boys, but my 7 year old twins want to come live with me also. Do I have a way that I can go about this? She has an active case against her with Child Services from her new boyfriend threatening to shoot my twin boys. I am so nervous with them there b/c he suffers from PTSD and is very unstable. I want my boys out where I know they will be safe. They also are doing bad in school b/c she is not helping them with their homework so I have arranged to have them Monday and Tuesday night so I can get that done with them. I need some advice as to what I can do b/c I really want my boys out of that scary situation. Plus does she not have to pay me some type of child support since I am giving her $200 a week and she gives me nothing?? Sorry so many questions but I am confused and concerned.

James


#2

You may have a claim of marital misconduct against your wife, and a claim of alienation of affection against the boyfriend, if your wife and the boyfriend were dating and seeing each other during the marriage but before the date of separation. A separated spouse can date during the separation period, but it is not recommended. This is because her actions after the date of separation can be used to corroborate events that happened during the marriage for marital misconduct reasons. Her possible marital misconduct (in this instance illicit sexual behavior) could prevent her from receiving alimony from you if she were otherwise eligible to receive alimony.

If you have not already, you may need to file a custody action against your wife for custody of your twins. The results of a CPS investigation may help your case, along with the children’s poor school performance when they are with their mother.

Child support is determined by the custody arrangement that the parents have. To get an idea of what child support might look like in your case, use our child support calculator.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


#3

What is a custody action and how do I go about doing that? I have proof of
her new boyfriend posting on his Facebook page that he was in a
relationship 6 days before the separation, or the day that I moved out. I
really don’t want to be too offensive, but if it comes down to it I will do
whatever I need to do to gain custody of all my boys. She is doing them no
good and only harm, and I need to get them away from her and her new man
before he really decides to hurt them.


#4

A custody action is a custody lawsuit filed in court against your wife.

You will need to draft a complaint (see our sample complaint) and file a Civil Summons, along with any required local forms, at the clerk’s office in the courthouse of the county you reside.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.