My wife and I are getting a divorce while still living in the marital home, and I am concerned about my wife’s boyfriend and the impact he will have on our young child.
Do I have the right to leave the marital home with our child while we are separated? Since I worry about my child’s safety do I have to let my wife have extended periods of parenting time alone and/or with her boyfriend?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Jersey divorce laws where I am licensed to practice.
Most divorce lawyers would encourage you to file a motion for child custody before moving out of the marital home. As the old saying goes, “possession is nine-tenths the law.” Normally, while the parents are married, both parties have equal rights to move the child as they see fit.
However, moving your child without your spouse’s permission could have adverse affects on later proceedings, or could prompt your wife to file a complaint with the police for parental kidnapping.
You indicated that you no longer feel it is safe for your daughter to be around her mother but do not elaborate any further. Unless your wife has physically harmed or neglected your child or it can be shown that it is not in the best interests of the child, a judge will allow your wife to have parenting time with your child.
With regard to the boyfriend, since your child is so young you could ask the court to prohibit the boyfriend from being in the home while your wife exercises parenting time or request that he not be allowed to be alone in the house with your child.
However, you would need to set forth a reason to justify a request prohibiting the boyfriend from being around the child.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.