Sunday, December 18, 2011

Separated, husband wants to take son 4 hours away?

This is not legal advice I'm giving you but it is predivorce strategy advice. #1- Until there is a legal temporary order on custody in place, both you and your husband have equal rights to your son... which means, if your husband were to take him 4 hours away to his house and decide not to bring him back, he has every right to and until you were able to get a lawyer and go to court to get a temporary custody order, he would be able to keep him (legal kidnapping in other words). Here's what you need to do: Send him a certified letter (make sure you keep proof of the when it was received and a copy of the letter) stating that you're not comfortable sending your son four hours away, that you'd like to find a happy medium with him visiting your son whenever he can when he's not working and that it's your goal to make sure that you both stay active in his life. This letter covers your bases in court. You need a lawyer asap and you need a court date asap to get the custody matter finalized before your son can go see his father for extended periods of time. I know you think that he will do what's in the best interest of his son, that he would never keep him from his mother but as a woman who had exactly that happen to her, let me tell you this: you don't know someone until you divorce them. Hurting people hurt people. Bottom line: stay ready so you don't have to get ready. You need to go to court on this one before you let your son go anywhere for more than a day.

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