If a couple has separated and the wife has left the home/child of her own will, as well as changed her mailing address, what is her right to enter the home at will?

The separation is not a formal legal one. Can she do this or does she need permission/authorities supervision to do so?

Asked on January 22, 2013 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If there has been no divorce or formal separation, she has an absolute right to renter the home at will--it is still her home, legally. The only exception to the above would be if either 1) there was some sort of protective order against her; or 2) it had been a legal determination that it was in her children's interest for her to only have minimal and/or supervised contact.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

She still has rights to the home.  You would need to file for a temporary restraining order preventing her from entering the home (i.e., she would then be trespassing).  You should also seek full custody and you need a formal separation order to protect you and the child.


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