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Can I have my ex-wife arrested for coming to my home without me being there?

| Dec 15, 2016 | Uncategorized

Q: I have two teenage kids with my ex-wife. We have shared custody. They’re with me on certain days and the other days with her. She had the audacity to come to my home without permission on a day the kids are with me. My kids let her in. Neither me or my current wife were home. We were running errands. What can be done about this?! We were furious, especially my wife. It felt like such a violation! Is it considered trespassing?

A: David’s Answer: If you are sharing custody (& thus presumably have joint custody as well), then it may be better to simply send a “cease-and-desist” letter to you, and explain you do not wish for her to go into your house when you are not there without your permission. Calling the police may lead her to file a modification case & ask for joint custody to be revoked. Schedule a consult with a Bronx Divorce attorney for a full assessment. — David Bliven, Bronx Divorce Attorney, (www.Blivenlaw.net)

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