Rights I Have Involving My Child and Seperation from Spouse

Updated on July 23, 2007
S.G. asks from Fort Worth, TX
4 answers

I need some help ladies. My husband told me last night he didn't want to be married to me anymore... I was going to leave and take my 2 1/2 year old with me, and he said I could not leave with him... I guess what I need help with is understanding what I can do legally to leave here with my son. I am a sahm. I am going to my mother's. He has threatened a restraining order, i don't know how that could work... and said if I leave with him I am bringing on the fight. So what could he do to me legally??? Oh this is so stressful. Not to mention being 5 months pregnant with another baby... =(

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C.J.

answers from Dallas on

courts in custody cases tend to favor the more stable parent...sadly...rather than the BEST parent. You might need to look into getting a job even if you're going to your moms...if it gets ugly you'll want all the brownie points you can get darlin...it happened with my hubby, his dad got him because he had a stable job...well, his dad WAS NOT THE BEST CHOICE...so better safe than sorry...even if you can sell avon or mary kay or something...

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G.A.

answers from Dallas on

Call Selina S ###-###-#### She responded to another gal who wants a divorce and she said she is an attorney and MOM. You must be devastated. I am so sorry. Just know that God is there and lean on him. Give him the mess. I was so devastated when my husband wanted a divorce. This was my second one. I just could not believe it but I know from two husbands they do not want to leave until they have the future covered. Both my husbands had girlfriends on the side they married as soon as my divorce was final. So beware. I was to soft in the divorces and did not get my share of the half we are suppose to get. You have to go home. You will have a great deal of trouble being alone. I could never support my children alone. I had relatives caring for them when I worked. I needed my mom on Saturdays. I was 4 months behind in house payments because of a jerk hubby that said he would care for us until I met someone even if it took two years. Well they were together as soon as he left. The other women guide them in the divorce. Do not try to listen to your heart but try to follow judgement of others. My Pastor told me to take out as much money as I could out of bank accounts and creditcards. I was afraid to. But I believe to this day he had more money stored in other countries. He is no fool. Attorneys will take you for all you are worth. They want to know how much money you have then they take it. It cost me $6K one attorney and continued with another attorney another $6K and then they all put gag orders on me not to tell about his discressions. You need to be with those who love you. I thought we could work it out. I stole his planner and read it. There was the name of his honey with her hubby's contact in his business planner. His goals were set to turn off all the utilities and he had the dates set. In the mean time he continued to give me a nice birthday gift and acted like we could make it. He was totally into this other fat woman. After they married two months after our divorce he wanted out in four months. He is now with someone else I believe will always be an unfaithful man.

My first husband was also a jerk so I was single for 10 years with two children at the time were 2 and 31/2. Good luck and God Bless G. W

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A.D.

answers from Dallas on

Get yourself an attorney - HOWEVER you have to, get yourself copies of the bank statements (you get half)... take copies of ANY important papers (retirement, stocks, etc.). Get copies to protect YOU...

He has as much right to the child as you do and if you need to get an attorney to get some temporary orders drawn up... I'm assuming it will be standard visitation so he can get custody of the child every other weekend and on Wednesday from 6-8 pm. If he'd like to deviate, let HIM get an attorney... and have HIM move out... but, LEGALLY you BOTH have equal rights to the custody of your child until it's been decided and filed with the court system in the form of a separation agreement, temporary order or final decree.

Good luck...

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T.L.

answers from Dallas on

I don't know what legally needs to be done other than getting an attorney, but common sense wise.... IF he wants you to leave your child, and he is working, WHO does he plan on watching the child when he's at work?!?!? Maybe if you sit down with him and talk like civil adults, you can tell him that you are going to stay with you mom and you're taking your son with you. PERIOD. If HE is the one who wants a divorce and is kicking YOU out, then I think you have the right to take your child with you, especially since you are the primary care giver during the day. Since you have net access, Google "Women's Services in Tarrant County" and I'm sure it will lead you to a crisis center where they could get you some legal/free help. Good luck.

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