Thursday, 26 February 2015

i have sole physical custody of my 2 children and joint legal with my ex -husband. He has visitation, which includes staying over night some...

Question

i have sole physical custody of my 2 children and joint legal with my ex -husband. He has visitation, which includes staying over night sometimes. As of last week he is homeless and living in a motel room. In my children's best interest, I do not want them staying over night because it's not just him staying there, but his new wife and baby as well; too crowded. It is unstable and clearly not a residence. I will be taking him to court, but in the meantime what are my legal options? Can I refuse only over-nights?



Answer

You should make every reasonable accommodation for father to be with the children between now and when you go to court. You should file as soon as possible to serve the request for order on your ex so you can get into within a matter of weeks. Please meet with an experienced family law attorney to explore your legal options.



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