CanI make my wife’s boyfriend leave the house?

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CanI make my wife’s boyfriend leave the house?

We been separated for 4 years. We own a house which I left and now she moves her boyfriend to move in. Kids are not comfortable with that.

Asked on May 30, 2011 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The specifics on how and the law are best asked to an attorney in your area.  But generally speaking Judges will entertain motions made by the non-residing spouse to order that the boyfriend be restricted from living in the house and even over night visits when thereare children present.  The motion is made not focusing on your outrage but rather in "the best interest of the children" which is really the issue anyway.  The children have every right to be uncomfortable and to feel safe in their own house.  If your wife will not comply then I would suggest that you seek custody and exclusive use of the house pending the divorce.  Remember you will have no control once the divorce is finalized so think about how you need to handle it now for the future.  Maybe being the custodial parent is the answer. Good luck. 


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