If my boyfriend moves in does my husband have grounds to prove me an unfit mother?

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If my boyfriend moves in does my husband have grounds to prove me an unfit mother?

I have been separated from my husband, who is the father of my 2 children, for 8 months. Due to financial issues I haven’t filed for divorce yet and he says he will not file first. I am dating someone else now and would like to live with him. My children live with me.

Asked on December 7, 2011 under Family Law, Arkansas

Answers:

Kelly Broadbent / Broadbent & Taylor

Answered 9 years ago | Contributor

First, with regard to the financial issues you are having, you may be able to file for divorce with an affidavit of indigency and have the divorce filing fee waived.  

With regard to having your boyfriend move in, I would not advise doing so prior to at least filing for divorce.  While having someone move in would not automatically trigger the court finding you unfit, it is a point your husband could raise in a custody battle.  Many courts do not like seeing children exposed to other individuals during the divorce since it can create confusion for the children.  

Also, in Massachusetts, while it is a no fault state (you do not need a reason to get divorced) your husband may counterclaim on the basis of adultery when you do file for divorce.  Having a live in parter would be strong evidence that adultery is occuring.  


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