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No, not legally, unless there is a court order, or parenting plan in place. Your spouse can move out, but does not have the right to dictate how or when you see your children. Without a court order in place, you are legally allowed to spend time with the children wherever, and with whatever frequency you choose.
Your spouse has no control over where or when you spend time with your kids. You can pick your child up from school, take the child to your home, and provide care just as any parent is allowed to. If you allow your spouse to dictate the circumstances of your contact with your child, you are validating the notion that he or she should have some say in it. Some may see this as a resignation of your claim to the children, which can have a serious impact in court should a legal custody battle follow.
If your spouse is trying to prevent you from seeing your children before your divorce, your chances of keeping visitation rights after your divorce should be defended aggressively. If your spouse wins, you may no longer be able to see the children at all. In such cases, the help of an experienced divorce attorney can be invaluable.
Please contact us today for a free consultation with an experienced divorce attorney who can inform you of your options, and legal rights, and help you plan the best course of action.