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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 husband and I live separately but are not divorced. s

Customer Question

My husband and I live separately but are not divorced. His sister is very controlling and out to get his money. They are from Peru. When visiting with my husband, his sister left our 4 year old child unsupervised by a busy street, according to a tenant that reported it to me. I notified DCF. What are my rights with regard to keeping my child away from this sister?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, each parent while the child is with them has the right and the ability to control access. But until the courts set up specific rules on physical and legal custody, both you and your husband share co-equal rights. That means that he cannot limit your rights and you cannot limit his. It also means that until the courts change the conditions in some way, if your child is with the husband, nothing legally stops him from sharing his child with his sister. You'd need to obtain a restraining order coupled with a custodial decree limiting access for the sister for him to be bound by your desire to keep your child safe.


Dimitry, Esq.