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Can custodial parent allow not custodial parent to live with him and children temporarily?

Orlando, FL |

My wife abducted children three months ago. I received custody of three children yesterday on a temporary order until my petition for dissolution is pending. Now when I am about to take children back home into my custody, my wife asks me to allow her to come with children to stay in my home. So far she stayed in house of her cousin. She in fact has no work, no source of income. My question is: What if I give her an opportunity to stay with me and children temporarily. Will this not be violation of court order that gives me primary residential custody?

Attorney Answers 3


However stupid a move it might be, if all your order says it that you have temporary time share (it doesn't say, "primary residential custody," because judges aren't allowed to use those terms any more), you are allowed to let your wife stay with you and the children. But you probably ought to sit down and speak with a lawyer about it first because you've only listed a tiny amount of information here, and a lawyer needs a lot of information to advise you on a situation like yours.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

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I agree with Attorney Rose. You should speak with an attorney immediately. It might not be a wise idea to allow your wife to come back home given that she ran away with the children, but it sounds like from the order it is permissible. You will probably need to ask for exclusive use and possession. Start contacting attorneys.

Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.

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I would highly recommend you speak with a local and experienced family law attorney right away.

Ophelia Bernal-Mora
Orlando Family Law Attorney

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a divorce and family law firm located in Orlando, Florida. Communication through Avvo does not create an attorney-client relationship. Please do not send any confidential information to our office until such time as an attorney-client relationship has been established.

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