Questions Regarding Custody and Separation with Minor Child

[misspaige]

My husband and I have decided to get a divorce. We have a 9 month old son. My husband wants me to be out of the house by the 1st of January (and I also want to move out asap. I would be moving close by, hopefully in the same zip code) but he doesn't intend on letting my son come with me. He wants our son to spend nights with him, and to be the primary residence. My job only allows for time in the morning and time after 8pm. He, however, gets our son everyday from 4pm on to the night. Its impossible, i think its impossible for me to have equal time if I can't have him for nights, and if i am not the one taking him to daycare in the morning. He plans to fight for custody, and he has hired a lawyer. I, however, cannot afford to hire a lawyer to fight him. Does anyone have any advice on what I should do? Does my moving out make grounds to be accused of abandoning my son? What are the chances, without a lawyer, that I can retain custody of my son? Please help... any advice is appreciated.

 

[jharris352]

Moving out does not constitute abandonment of your son. You need a lawyer. If it is important enough to you, you will find a way to get one.

 

[Duranie]

Can you guys agree on joint custody? Honestly if Dad already is in the house and you work so early in the morning and until late in the evening, I think it makes sense to make him custodial parent. You need an attorney or see if you can work something out with im/ I see no reason why you should not have overnights. You are entitled to them. If you move close enough you might even get 50/50 parenting time. I have no idea why Dad thinks you should not have overnights?

 

[WilliamKinard]

I think you really need to think about what's best for your son. Of course you have rights as the mother but do you really want to push and pull your son around just because you and the dad can't get along. Try to resolve it as grown ups first.