My husband and I still live together and are married but are deciding to separate. I have had a major back surgery within the last few weeks and we have a special needs son together that is four (he has Fragile X Syndrome) that needs constant care. I also have two older step children living in the house part time. My husband is supposed to be returning back to work in January and my mom is supposed to be flying out to take care of me and my son because I still have many limitations such as not being able to lift five pounds or bend. He is aware of this and even booked her ticket. The only thing that has changed is my dad is coming with my mom. Now all of the sudden he is saying that the step kids are uncomfortable ( even though they’ve always gotten along great with them and there’s never been an issue) and that he is putting in an order that my parents can’t stay here. I want to know if he can legally do this? It seems crazy to me that my name is on the house, we are still married, I live here, and my own parents can’t stay here and take care of our son and myself when we need help. I need to know what to do before my parents come out. Any help is very much appreciated. My husband knows everyone in the county and has a lot of pull and I don’t feel comfortable contacting anybody.
The only way your husband could get a court order saying your parents cannot stay in the house is if his custody order for his older children is modified or he files a custody lawsuit against you for the child you have together and he shows that your parents are a danger to the children. While possible, this would be unlikely to happen and typically something that would take months to put into place with court hearings, etc.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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