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.
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
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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?