Retain a good, experienced domestic relations attorney. Explain everything. File first. Insist on a parenting plan, in the best interest of the children, which keeps the kids with you under the court orders, with visitation to mom.
If mom is in such a hurry, she may be willing to concede certain points to you.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
Your wife sleeping with her boyfriend and your son isn't improper per say, but that doesn't mean that knowing more facts a judge won't deem it unsuitable for the child. You should proceed with a divorce quickly and bring all of this information to the attention of the family court judge.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
You need to file for divorce and request that the child live predominately with you. Until there is a court order, there isn't much that you can do. However, you have a right to know where your child is at all times, and who your child is spending time with, including Mom's boyfriends. I'm also reasonably certain that a Judge would require her to obtain appropriate sleeping arrangements for the child if she is going to have the child for overnights, even though, technically, it's not "illegal."
My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 to schedule same.
Please note that this response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.
Joanna Mitchell, Esquire
Mitchell & Associates, P.A.
1809 East Broadway Street, Suite 321
Oviedo, Florida 32765
PH: (407) 971-6140
FX: (407) 971-1137