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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience:  25 years experience as practicing attorney
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My mother is visiting me from India BUT my wife doesnt agrees

Resolved Question:

My mother is visiting me from India BUT my wife doesn't agrees to her being around in the same house as hers.
We live in a single family home where both me and my wife are joint owner.

Do you think my wife can get a restraint order from the court or by any other legal means restrict me from bringing my wife into the house
Submitted: 3 years ago.
Category: Family Law
Expert:  Dave Kennett replied 3 years ago.

Dear JACUSTOMER - Unless there is violence the matter is between the two of you. The court is not going to get involved in private family matters. Both you and your wife have an equal right to the premises so each of you can invite who you like. Obviously something like this can put a heavy strain on a marriage but there is really no legal solution to the problem. This is no different than any other martial decision concerning the family home so you and your wife need to work this out between you as the courts are not the proper place to solve this kind of dispute.

You may want to try to talk to a family counselor for some advice on how to handle this problem as I would hate to see your marriage break up over this. I'm not certain how long your mother is staying but you may want to try to keep the time a minimum or possibly have her stay in a nearby hotel. Those are not legal solutions but just suggestions. Legally you have a right to have anyone you please in your home as does your wife.

Customer: replied 3 years ago.
I understand and appreciate your quick response. Have one more follow up question:

1. If I take a rental house and move in there with my mother, can she use this as an argument in a court of law to say that I walked out on her and use it to deny me visits to my kid?
Right now, I am paying for the whole house mortgage and property taxes, but would stop these payments in case I have to take a separate rental house. Can she use this in a court of law to deny me access to kid or to prove that the complete house belongs to her now.
I would be ready to take care of my kid expenses and possibly some sort of payments on the house like property taxes but she being the one living in the house in this scenario should be bearing the mortgage payments.
Thanks,
Kapil
Expert:  Dave Kennett replied 3 years ago.

Visitation and support are separate issues and in order to deal with each she would have to file some type of court action such as divorce or legal separation. I cannot imagine any court denying you visitation just because you moved out since that has nothing to do with the children. As far as paying the mortgage etc. it is possible he could get a court to award her some temporary support, both spousal and child support while any court action is pending. Of course if she simply tries to deny you visitation without going to court then it may be you who has to go to court in order to see your children.

There is no basis to deny child visitation under these circumstances.

Customer: replied 3 years ago.
Can I take the kid with me or would that be considered unlawful
Expert:  Dave Kennett replied 3 years ago.
You have an equal right to your child so you can do as you please unless there is a court order that says otherwise.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience: 25 years experience as practicing attorney
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