I am the CP and moved out of our home....with the kids....to another town. He moved back in to our home, along with his girlfriend (not the one he left us for) and her daughter and is now living happily ever after. We are just legally separated....divorce to be final hopefully this winter.

I'm in another state, so I don't know if that makes a difference or not. But as for my case, NCP vs. CP in the home did not seem to make a difference to the judge whatsoever....as long as the best interest of the children was being considered. Since we came to an agreement ourselves, the judge just signed off.