Photo by Kevin Winter/Getty Images via ABCMadonna‘s children are getting older, and don’t need to be baby-sat anymore. That’s why the Material Mom is trying to get clarity on whether the rules of her New York City co-op allow them to stay there when she’s not present.

The New York Daily News reports that the Queen of Pop has asked a Manhattan judge for guidance on whether or not her kids and her maid can all live her apartment even though she’s not physically there. Last year, the board of the building told her she’d have to be “in residence” if she wanted anyone — guests, the maid, the kids — to stay there for more than 30 days. Madonna now is seeking a definition of “in residence.”

“It’s impossible for me to be there at every moment my children or domestic employees are there,” Madonna stated in an affidavit filed in September. “I’d like to know how I am able to use my apartment without risking an eviction or otherwise incurring the wrath of the co-op board.”

Now, her lawyer is saying in a letter to a N.Y. Supreme Court justice that the board doesn’t want him to rule because they want to use the confusion to “harass and intimidate her.” The lawyer further claims that the board can then claim she’s violated the rules and evict her if they feel like it.

The board, meanwhile, says the rules make it very clear that Madonna doesn’t have to be physically present at all times — if she did, they claim, she’d have to eject her guests if she wanted to go to the store, which would be unreasonable.

Madonna bought the co-op in 2008 for $7.3 million.

The judge will rule on the matter at a later date.

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