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It is not illegal, the question in child custody cases is whether or not it is appropriate. It is probably not appropriate for the nakedness with a nine year old. This is not to say it is inappropriate, but the problem is if this gets taken to court, its going to be up to what the judge thinks is appropriate. So the real question is do you want to risk that and deal with these allegations, however silly they might be, or do you want to just be sure to where underwear whenever you have the girls? Has this allegation just been stated to you by their mother or was something filed with the court?