My boyfriend is legally separated, he has been out of the house for almost 2 years. He has an 11 year old and 14 year old boy. We are moving in together, planning to sleep in separate beds and rooms. My boyfriends ex wife is threatening that this is illegal and she will not allow it. Custody has not been decixded, however they do reside with her . They are not in a custody battle. Can they stay over?

Absent a court order there is nothing illegal. But also absent a court order, she may have control so she can refuse to allow the children to visit.

She can try to get the visitation order written to prevent overnights if you co-habitate, but I doubt if the court will allow it.

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Originally Posted by laurafaye1102

... My boyfriends ex wife is threatning that this is illegal and she will not allow it. ...They are not in a custody battle. ...

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Looks like a custody battle, or at least a skirmish, to me.

Quote:

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Originally Posted by laurafaye1102

... Can they stay over?

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Yes. She doesn't have a viable case against overnight visitation. She is bluffing.

Yes of course they can stay over UNLESS she proves you or him unfit in some way.