Visitation


#1

Your ex can not keep your children from visitation for any reason unless they are in danger of harm or neglect.
It is not illegal to let step sibling children to sleep in the same room. I would think that this would only affect the custody hearing if the children were older and it was a permanent situation. Sleeping arrangements can be altered to accomodate the current situation until the move…
Her having “full physical custody” is one thing but that only means that the majority of the time the children reside with her and the daily care and maintenance are her responsibility. It does not mean that you are not entitled to visitations and, unless stated otherwise in your papers, you retain joint legal custody. Which means you have a say in all decisions concerning your child. And that the daily care and maintenance is yours when the child is with you. It does not mean that your ex has total control, again, unless stated otherwise.
Good luck to you.


#2

No, it is not illegal for stepsiblings to share a bedroom. Parents should make this decison on a case by case basis based on the age and maturity of the children.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

My ex-wife is refusing to let my children stay with me becuase my 6 year old son would be temporarily sharing a room with my fiance’s 7 year old daughter until we move in about 6 months. She has full physical custody according to our seperation papers, but I normally keep the children every other weekend. She says it is illeagal and she must act in his best interest by not allowing it. Is this true and would this effect a custody hearing if I were to file for custody with the courts?