dk mutual separation

[akadk]

My husband and I are in agreement on separation, joint custody of our two 1/2 yr old son.
Our house is currently under construction for at least the next 6 months when it will then be sold and the equity split equally.
Husband, currently in construction for a living, is the one finishing because I don't know how.
He refuses to move and wants me to leave. Because my priority is my son, I am willing to do what would be best for him which I believe is him staying in the only home he's known. I also travel 1 to2 weeks a month for work which I've been doing since he was born .
My question is if I do move(while construction is being finished) to reduce tensions in our son's home, do I then become an inferior custodian if something changes and we end up in court for custody of our son. Will I be perceived by the judge or a court of law as abandonin my child and therefore lose rights for joint custody?

 

[Duranie]

Well since you travel so much for work, the chances of you getting custody are probably very slim. If you can agree on joint custody with him being the custodial parent then that is great.

Without a speration agreement, you guys might go back and forth about who gets to see the child and when.

It is probably best to see an attorney so that both of you are protected.

It is not abandonment unless you take off and never see the child.

I would see about getting a temp. seperation agreement set up and any sort of temp. child support such as splitting daycare.

Has either of you seen an attorney?

 

[seniorjudge]

Q: My question is if I do move(while construction is being finished) to reduce tensions in our son's home, do I then become an inferior custodian if something changes and we end up in court for custody of our son. Will I be perceived by the judge or a court of law as abandonin my child and therefore lose rights for joint custody?

A: Simple answer: No. Judges (in the family law division) see this kind of situation dozens of times.

As duranie said: Get a lawyer.

 

[akadk]

Dk separation

Thank you both for your responses to my questions

I am disheartened to hear that my chances for custody are very slim though i do understand.

1) Would a separation agreement downloaded from internet, signed in front of a notary be sufficient?

2) Is it absolutely necessary to get a lawyer at this time if we are in agreement on separation agreement and not quite ready to file for divorce?

3) No proof, but pretty sure husband may be seeing someone else. I will not hold it against him because I prefer he's w/ someone who makes him happy than to stay w/ me. Having said that, if while we are separated, am I allowed to date? My instincts say no because we are still legally married.

4) How long must we be legally separated until we may file for divorce? Or where may I find that information if not here?

 

[Duranie]

What state are you in? you need to google to see if you need grounds to divorce in your state, or if its no fault. Most states are no fault but there is a few that are not.

Dating, while highly not recommended, will probably not hurt your case if you are in a no fault state. However I strongly recommend that neither of you expose your new partners to the child yet.

An agreement signed by both of you may not hold much weight in court. If neither of you follow the agreement or there is any dispute, then back to court you go.

In no fault states there usually is no seperation required, either of you might be able to file for divorce immed.