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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My wife left 9 days ago and left our 2 girlls here with me.

Customer Question

My wife left 9 days ago and left our 2 girlls here with me. I filed for divorce right away hoping that would resolve some custody issues. do I have to let her back in the home and can i let her see the kids but not take them out of fear she might not give them back till the custody orders are in place?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. To answer directly, if she left by 'abandoning' the premises, specifically that she left with no expectation of returning, then you do not have to let her back in. But if she left temporarily, she is still a resident of the premises, and you cannot really keep her from the property. As far as having her take the children, you are under no legal duty to let her take the children--you can refuse to give her sole access as you can fear potential parental abduction and withholding of the children from you by her. Doing so does not violate the law and does not really affect the custodial filing. Sincerely, ***** *****

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