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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102125
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My question is in regard to a family member who has filed

Customer Question

My question is in regard to a family member who has filed for a divorce. One of the spouses who was previously cohabitating with someone else, has started coming in at late hours to see the children. This has caused some distress for the children. Is there anything they can do to keep this from happening until the final court hearing. ***@******.***
JA: Thanks. Can you give me any more details about your issue?
Customer: They have been separated for a year, but since the official filing for divorce the mother wants to cause become more proactive with the 2 children, She works from 8am -5pm at her job, but chooses to show up at 10 pm at night to visit the children. Then they have trouble going back to sleep.
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Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Understand that until/unless the court provides so in temporary and/or final orders, either party can DENY the other rights to the children. It is a gray area. The parents are expected to work out an informal schedule - which almost never works. But either party can allow or deny access to children.

Either party has an option to file for temporary orders while the suit is pending. And in fact, it sounds like this is what this situation needs. The temporary orders will set custody and child support for the duration of the divorce (this would be revisited at final hearing), and would mandate what dates/times the parents share custody and visitation.

So either she or he can file for temporary orders, asking the court to appoint a custodian and visitation times for the other parent. Visiting times are normally one day a week and every other weekend.

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Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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