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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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Would a judge make my boyfriend move out of my house

Resolved Question:

I live in North Carolina and can File for divorce in 2 more months. I currently live with my boyfriend and have been for 3 months now. I have two kids 6 and 4, that the dad gets maybe once a month for 2 days. He does not call them, see them, nothing. I have a feeling that he is up to something and this is the only thing that I can think of because he can not prove me an unfit mother at this point. He has had 5 relationships so far and has exposed the kids to all of the women, one that was violent in the end. What is the worst case senerio for me with my boyfriend living with me. We have a seperation agreement that states that we can live as if we are single and unmarried and it does not say that we can not live with anyone else until we are divorsed.

Please advise. When can I file for a divorce, do I have to wait the entire year or can I start the process now?

Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
Thanks for your question. You have to wait the year here to file. I want to give you honest advice here. Living with someone with young children here has risks. I understand that he has had other women here as well. I am assuming as an adult you are willing to take this risk. North Carolina is a real conservative state.

If you are asking is it possible he can raise this as an issue then the answer is yes. If I were advising you here I would tell you to keep separate households and addresses. These are small childern and the court will be real conservative here in custody issues. A lawyer here would tell you living with someone here is not a good idea

. Don't hold it against me for being honest. I sense that you are trying to rationalize here living with another man. but I am not at all convinced that this may not adversely affect your divorce. I see it every day. I am not judging you here but judges do it all the time especially with children this young. I want the best for you long term. There is real risk here so think about it here..

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Customer: replied 8 years ago.
No I understand what you are saying. He lives with another male roommate and when the kids are with him they sleep on the floor in his room or with him at his girlfriends house. Could that cause an issue if brought up?
Expert:  RayAnswers replied 8 years ago.
Well save it until you need it. NC here has like seriously archaic divorce laws and judges too. I mean I think it is ridiculous to have to wait a year to file for divorce here. But nonetheless it is what it is. What I would watch out for here is they often drop in a social services complaint so don't be blown away if they come a knocking . It costs nothing and can cause you some hassle...
Customer: replied 8 years ago.

Its been almost 10 months and he has not done nothing so far. He left me so I have to keep thinking in that mindset. I am not worried about social services. Kids are clean, fed, happy and doing excellent in school. I take care of everything. He does nothing. He barely calls them. He has not talked or seen them in almost 4 weeks. Can that play a part in custody arrangements? When he does not have any regular contact?


He will go 3 to 6 weeks inbetween visits and phone calls.


If Scott moves out, and has the occasional overnight, would that be a better situation to be in?

Expert:  RayAnswers replied 8 years ago.
Sure it can well have an impact. He sounds scary to me. This really isn't normal behavior of a parent. All you can do here is move forward with your life as you have done and file when it has been a year.Good luck with this guy..
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