Legal Question in Family Law in North Carolina

What do you mean? The father has the same rights to child custody as the wife. Is there a custody order? Would the father like custody? Assuming there is no agreement regarding custody of the children, the father needs to petition the court for child custody. The issues in the proceeding are whether the mother is unfit (living with a man and taking the children out where the mother is drinking are questionable) and whether it will be in the best interests of the children to be with the father. The court will attempt to get the parties to work out an agreement. If none, the court will decide. It is possible that the custody agreememnt caan be negotiated whereby the children are not exposed to the wife's boyfriend. Custody battles can get expensive. Consult with a family law attorney in your area.

Sinced this is North Carolina, the father may have a claim against the wife's boyfriend for alienation of affection and/or criminal conversation. Also ask your attorney about this too. If he has money, consider suing him. If he doesn't, use the potential threat of suit in negotiating with the wife in dividing up marital assets/debts, or child custody issues. Since the wife has engaged in marital misconduct, she cannot seek alimony from the father.

And no, the wife just cannot move back in. The father can change the locks. If the mother has any personal property still there, ask her to remove it or that can be addressed later in an equitable distribution proceedings.

You need a family law attorney now.