Can I prevent my wife from having her boyfriend around my children while we are still married?
Do I have a right to refuse to allow my children to live with another man considering we have not legally separated or filed any divorce papers?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Maryland divorce and child custody laws where I am licensed to practice.
First, if your wife is moving in with another man prior to a separation or divorce, she is potentially committing adultery, which could impact a future action for divorce.
Second, whenever you are dealing with issues regarding minor children, the law looks toward what is in the best interest of the children. You most likely do not have an inherent right to refuse to allow your wife to move in with someone else.
Absent any agreement or court order stating otherwise, you and your wife probably have equal rights with regard to the children.
If you feel that it is not in the best interest of the children to live with your wife’s paramour, there are several ways you could work to restrict that exposure. If you are working toward an agreement regarding child custody, you could condition any agreement on the children not being exposed to any relationship for a period of time after the parties’ separation.
You could also pursue custody through the court. Where I practice, it is not uncommon for parties to request a provision in any child custody order asking that the children not be exposed to their parent’s outside relationships for a specific period.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a mens divorce lawyer in your jurisdiction.