Separated, Wife is sleeping/living with someone


#1

Your wife


#2

Sorry let me try to reword this. With my former wife i currently have one child. she had a child prior to our marriage with another man. Since our separation this man has currently been living with my former wife yet we are not divorced yet. We currently have joint custody of my son for 50% visitation of both parents, however, when he is staying with her, the father for the other child is staying at the same house. Do grounds for adultery fall under my case for me to be able to gain full custody due to this?

Christopher Henry


#3

Adultery is not necessarily a factor upon which a custody suit is based, though all factors of a child’s life are taken into account, including morality. If your child is in danger and/or it is not in his best interests to be around this person then you will need to present evidence as to why your wife should not be living with this man.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#4

My wife and I have been separated since July 4, 2008. She is now living with and more than likely sleeping with the father of her other child. Is there anything that I can do to speed up the divorce instead of waiting for the year to be up. Also, is there anyway that this can help me to gain sole custody of my son. I would agree to joint custody but she will not therefore, I would need to go for sole custody.

Christopher Henry