What are my rights??
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Thread Starter
Join Date: Feb 2017
Posts: 223
What are my rights??
Currently separated and wanting a divorce. I think AH still thinks he has a chance but I don't think so. I'm afraid of talking to him about it though because he might go off the deep end. I am afraid he will relapse or make stupid decisions and we have small kids. Currently we are sharing them (he is on Antabuse, and I have other means to know that he is not drinking).
What are my rights if I get legit concerns about the safety of my children should he go crazy or relapse?
I am meeting with a lawyer next week but figured you guys might know.
What are my rights if I get legit concerns about the safety of my children should he go crazy or relapse?
I am meeting with a lawyer next week but figured you guys might know.
A work in progress
Join Date: Jul 2010
Location: South Jersey
Posts: 16,633
Until you have a custody/visitation order in place, you both have equal rights to custody of the children. Possession is 9/10 of the law, so if they are with you now and you forbid him to take them, he would have to go to court to take them (no cop is going to get in the middle of this). OTOH, if the kids are at school/daycare, unless he shows up obviously impaired, some third party is not in a position to refuse to let him take them.
This isn't legal advice, just my experience based on being around family law issues for quite a while.
You don't have to file for divorce or even legal separation to get a custody/visitation order (or a support order, for that matter). But if you want something enforceable, you need an order.
This isn't legal advice, just my experience based on being around family law issues for quite a while.
You don't have to file for divorce or even legal separation to get a custody/visitation order (or a support order, for that matter). But if you want something enforceable, you need an order.
A work in progress
Join Date: Jul 2010
Location: South Jersey
Posts: 16,633
Oh, and one other thing. If he goes "crazy" and you are fearful of your or the kids' safety, you can generally avoid any criminal charge (if, for example, you fled to a friend's or relative's home) if you notify the police immediately of their whereabouts and the reason you took them. IOW, you can't "conceal" their whereabouts, but if you feared for your safety you wouldn't be concealing if you notified the authorities. Hopefully it wouldn't come to that. But a lawyer can tell you specifically what your rights are.
Member
Join Date: May 2010
Location: USA
Posts: 13,560
I am going to advise you to make sure you get an attorney who understands addictions, and that you get protections put in place during any custody time of your children, and also get in place the reamifications of if he does not comply.
So sorry for what you are going through. Hugs.
So sorry for what you are going through. Hugs.
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