Separation and cohabitation during visitations

North Carolina Divorce Law Divorce and Separation Answers
1

Husband and I separated in October. He moved in with his girlfriend in January. Our two boys ages 7 and 14 have overnight visitation. She is there.

Do I legally have to allow overnight visitation?

Also, they do not have beds. TheY were sleeping on the floor. They just recently got a mattress.

I should also say that he pays nothing toward their support…despite the agreement stating he would pay for half of their medical premium.

2

If there is not an agreement or court order in place regarding child custody, then you don’t have a legal obligation to abide by regarding visitation, but you should not withhold visitation lightly. It will be difficult to argue to a judge why you are withholding visitation when you previously allowed it and the facts did not change (girlfriend present, no furniture).