My wife and I are still currently married with 3 children, ages 15(b), 12(g), 4(b). Because of our fighting we decided that I would move out of the house but I would continue to help support by seeing them and giving her money to help with the current household bills.
Before I had even moved out she had starting seeing another man. A few weeks later without me knowing she has changed the locks, told me I can no longer see them at the house, moved all of my belongings to the front porch, and has now moved in her new boyfriend along with his 18yo son. I am obviously not ok with this. I have a 12yo daughter and know nothing about this 18yo who has no car, no job, and no friends.
I have debated moving back into the house but I'm not sure if my case would become weaker because of this. This would obviously be a nightmare for everyone as the new boyfriend and his son now live there, but I hate to leave my daughter at possible risk. I have an appointment with a lawyer next week but I was hoping to get some advice as to if I should wait to move back in or do it now.
Thanks for your help!
My advice would be that you can move back in at any time. The marital home is not hers exclusively absent a court order. However, there may be better alternatives. Your children are also not ordered to her custody, and thus you have has as much right to them as she does. You could take your children to where you are living, assuming it's suitable, and safe, and keep them with you for their welfare. It's certainly not a good idea to have them living with a boyfriend while she's still married to you, and no court will look favorably on this situation. You could also seek an emergency order granting you temporary custody, and this would be the best option in my opinion, as well as be awarded temporary use of the marital home while you litigate the divorce. I wouldn't wait any longer in this situation to protect your legal rights and your children.
You need to make this decision after consulting and hiring your own attorney. Don't do anything that would actually make the matter worse.
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