Husband Won't Leave

[DANTHONI]

What is the name of your state? NY
My husband and I signed a legal separation 10 days ago-after over a year of back and forth negotiations (he continued to change things). It states that after the signing, I have the right to the exclusive occupancy of the marital residence.

Also, we have joint custody and I have "residential" custody of our 3 children (he wanted physical custody changed to "residential" and visitation changed to "parenting time"). The father shall have open and liberal "parenting time" with the children based on his schedule and the children's activities. The parties shall consent weekly regarding the schedule for that week. Parenting shall include daily contact upon notice and consent of the mother.

Well, even though he doesn't sleep here (he hasn't in about 6 months) he still comes and goes as he pleases and all of his belongings are still here. I've pointed out what is stated in the agreement but he feels that it is his right to enter the house and see the children when he pleases.

Any insight will be appreciated. Thanks.

[Ohiogal]

Change the locks. Has the agreement been entered as an order by the judge?

[DANTHONI]

No judge. Two lawyers and ourselves.

[LdiJ]

Originally Posted by DANTHONI

No judge. Two lawyers and ourselves.

Change the locks anyway. He has signed a "contract" giving you exclusive use of the house. He has no right to come and go as he pleases.

Once the locks have been changed advise him to schedule a time with you to remove his belongings from the home...and have other adults present when he does so.

[Ohiogal]

Originally Posted by DANTHONI

No judge. Two lawyers and ourselves.

Going with LDIJ, file this with the domestic relations court if you both signed this and had it notarized and ask the court to approve it as an agreed entry. Well have your attorney do this.