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?
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
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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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.